Charles George Gould v. State ( 2009 )

In The

Court of Appeals

Ninth District of Texas at Beaumont ____________________

NO. 09-09-00109-CR ____________________

CHARLES GEORGE GOULD, Appellant

V.

THE STATE OF TEXAS, Appellee

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On Appeal from the 75th District Court Liberty County, Texas Trial Cause No. CR27068

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MEMORANDUM OPINION

On April 2, 2009, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant filed a response.

The notice of appeal seeks to appeal the trial court's order denying a motion to place Gould on community supervision after he had begun serving his sentence in the Texas Department of Criminal Justice, Correctional Institutions Division. See Tex. Code Crim. Proc. Ann. art. 42.12, § 6 (Vernon). We do not have jurisdiction to review the denial of a motion for "shock" community supervision. See Houlihan v. State, 579 S.W.2d 213, 216 (Tex. Crim. App. 1979); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Zepeda v. State, 993 S.W.2d 167 (Tex. App.-San Antonio 1999, pet. ref'd). The cases cited by the appellant either concern an appeal by the State from an order granting a motion for shock probation, or follow the revocation of shock probation after it was granted by the trial court. See, e.g., King v. State, 942 S.W.2d 667, 668 (Tex. App.-Eastland 1997, pet. ref'd) (appeal following revocation); State v. Lima, 825 S.W.2d 733, 734 (Tex. App.-Houston [14th Dist.] 1992, no pet.) (state's appeal from order placing defendant on shock probation).

Accordingly, we hold the order from which appellant seeks to appeal is not appealable. The appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

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HOLLIS HORTON

Justice

Opinion Delivered June 10, 2009

Do Not Publish

Before McKeithen, C.J., Gaultney and Horton, JJ