Kelly Beth Withrow v. State ( 2005 )

Opinion issued December 8, 2005         

In The

Court of Appeals

For The  

First District of Texas

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NO. 01-05-00637-CR

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KEELEY BETH WITHROW, Appellant

V.

THE STATE OF TEXAS, Appellee

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  On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 989418

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MEMORANDUM OPINION

               Appellant pleaded guilty to the offense of injury to a child, and the trial court deferred adjudication of appellant’s guilt and placed him on community supervision. Appellant did not appeal that judgment.

               On April 12, 2005, the State filed a motion to adjudicate. On April 20, 2005, the State filed a motion to dismiss the motion to adjudicate, which the court granted. The court, on April 20, 2005, entered an order modifying appellant’s probationary conditions. Appellant filed a pro se notice of appeal from that order.

               No appeal may be taken from an order modifying the conditions of community supervision. 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).

               Therefore, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Hanks.

Do not publish.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