Kelly Beth Withrow v. State

Opinion issued December 8, 2005         











 

In The

Court of Appeals

For The

First District of Texas

____________


NO. 01-05-00637-CR

____________


KEELEY BETH WITHROW, Appellant


V.


THE STATE OF TEXAS, Appellee





On Appeal from the 184th District Court

Harris County, Texas

Trial Court Cause No. 989418





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Do not publish.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).