Alisha Nicole Nelson v. State

Opinion issued December 2, 2004







             






 

In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-04-01141-CR

____________


ALISHA NICOLE NELSON, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 230th District Court

Harris County, Texas

Trial Court Cause No. 989384





MEMORANDUM OPINION


               Appellant, Alisha Nicole Nelson, pleaded guilty to possession of less than one gram of cocaine with a plea bargain agreement. Following the plea agreement, the trial court sentenced appellant to three years’ deferred adjudication and a fine of $500 on June 1, 2004. No appeal was taken from that judgment.

               The State filed a motion to adjudicate guilt on September 15, 2004. The trial court did not adjudicate guilt, however. Rather, on September 24, 2004, the court amended the conditions of appellant’s community supervision to include participation in the substance abuse felony punishment facility. Appellant filed a timely 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).

               We therefore dismiss this appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Higley.

Do not publish.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