Larry Lamont Borner v. State ( 2015 )

DISMISS; and Opinion Filed July 21, 2015.
S
Court of Appeals
In The
Fifth District of Texas at Dallas
No. 05-15-00465-CR
LARRY LAMONT BORNER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 203rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F14-16427-P
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Brown and Stoddart
Opinion by Justice Brown
Larry Borner pleaded guilty to possession of cocaine in an amount less than one gram.
Pursuant to a plea agreement, the trial court sentenced appellant to two years’ confinement in a
state jail, probated for three years, and assessed a $1,500 fine. The State later moved to revoke
appellant’s community supervision. Following a hearing on March 25, 2015, the trial court
denied the motion to revoke and modified the conditions of appellant’s community supervision.
Appellant filed a notice of appeal from the trial court’s order denying the motion to revoke
community supervision. An order modifying the conditions of community supervision is not an
appealable order. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Accordingly,
we lack jurisdiction over the appeal. See id.
We dismiss the appeal for want of jurisdiction.
/Ada Brown/
ADA BROWN
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
150465F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
LARRY LAMONT BORNER, Appellant On Appeal from the 203rd Judicial District
Court, Dallas County, Texas
No. 05-15-00465-CR V. Trial Court Cause No. F14-16427-P.
Opinion delivered by Justice Brown, Chief
THE STATE OF TEXAS, Appellee Justice Wright and Justice Stoddart
participating.
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered this 21st day of July, 2015.
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