Lucille Dottie Atkins v. State

Opinion issued December 8, 2005









In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-01008-CR

____________


LUCILLE DOTTIE ATKINS, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 337th District Court

Harris County, Texas

Trial Court Cause No. 1023465





MEMORANDUM OPINION


               Appellant pleaded guilty to the offense of possession of a controlled substance, and 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 June 9, 2005, and on August 12, 2005, the State’s moved to dismiss its motion to adjudicate which the court granted. However, on August 12, 2005, he trial court entered an order modifying appellant’s conditions of community supervision. 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.

               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Do not publish.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).