Teresa Lake Myers v. State ( 2005 )

Opinion filed December 15, 2005

Opinion filed December 15, 2005

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-05-00350-CR

                                                    __________

                                   TERESA LAKE MYERS, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 385th District Court

                                                        Midland County, Texas

                                                 Trial Court Cause No. CR28704

                                                                   O P I N I O N

This an appeal from a judgment modifying the terms and conditions of community supervision. We dismiss for want of jurisdiction.

The trial court convicted Teresa Lake Myers of forgery by passing and assessed her punishment at confinement at two years.  However, the trial court suspended the imposition of the sentence and placed appellant on community supervision for five years.  After a hearing on the State=s motion to revoke, the trial court found that appellant had violated the terms and conditions of her community supervision by using cocaine, by failing to report as ordered, by failing to perform community service as ordered, and by failing to make court-ordered payments. However, instead of revoking appellant=s community supervision, the trial court ordered that appellant remain on community supervision for an extended period of two years.  The trial court also modified appellant=s terms and conditions of her community supervision by confining her to a Substance Abuse Felony Treatment Facility for a term of not more than one year but not less than ninety days and by confining her to the county jail for seventy-five days or until she could be transferred to a Substance Abuse Felony Treatment Facility.

The State has filed a motion to dismiss on the grounds that the judgment modifying the terms and conditions of community supervision is not an appealable judgement. We agree.  Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Christopher v. State, 7 S.W.3d 224, 225 (Tex. App. - Houston [1st Dist.] 1999, pet. ref=d).  The motion is granted.

The appeal is dismissed.

PER CURIAM

December 15, 2005

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.