Julia Loraine Dodd v. State

Opinion issued December 22, 2005

              














In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-01054-CR

____________


 JULIA LORAINE DODD, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 976576





MEMORANDUM OPINION


               Appellant, Julia Loraine Dodd pleaded guilty to the offense of possession of a controlled substance. In accordance with her plea bargain agreement with the State, the trial court deferred adjudication of appellant’s guilt and placed her on community supervision. Appellant did not appeal that judgment.

               The State filed a motion to adjudicate guilt on April 15, 2005. On October 18, 2005, the trial court granted the State’s motion to dismiss the motion to adjudicate, and entered an order styled “second amended conditions of community supervision” modifying appellant’s conditions of community supervision. On October 31, 2005, appellant filed a notice of appeal from the amended order.

               A defendant may not appeal 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.

               Any pending motions are denied as moot.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish.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