TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00649-CR
Timothy Richard Bailey, Appellant
v.
The State of Texas, Appellee
FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT
NO. 94-657-K26, HONORABLE BILLY RAY STUBBLEFIELD, JUDGE PRESIDING
PER CURIAM
In August 1995, after finding that the evidence substantiated Timothy Richard Bailey's guilt of felony theft, the district court deferred further proceedings without adjudicating guilt and placed him on community supervision. Bailey waived his right to appeal at that time. On October 17, 1996, the court amended the conditions of supervision. Bailey now seeks to appeal from that order. The State has filed a motion to dismiss the appeal for want of jurisdiction.
Orders modifying the conditions of community supervision are not appealable. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Quaglia v. State, 906 S.W.2d 112 (Tex. App.--San Antonio 1995, no pet.). In Quaglia, as in this cause, the trial court amended the conditions of supervision to add an additional condition. Appellant's attempt to distinguish Quaglia is unpersuasive.
The State's motion to dismiss this appeal for want of jurisdiction is granted. The appeal is dismissed.
Before Justices Powers, Aboussie and Jones
Dismissed for Want of Jurisdiction
Filed: January 23, 1997
Do Not Publish