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Opinion filed May 22, 2008
In The
Eleventh Court of Appeals
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No. 11-07-00289-CR
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HOWARD MARTI PARRA, Appellant
V.
STATE OF TEXAS, Appellee
On Appeal from the 385th District Court
Midland County, Texas
Trial Court Cause No. CR31405
M E M O R A N D U M O P I N I O N
Howard Marti Parra was convicted of possession of less than one gram of cocaine and placed on community supervision. He entered a plea of true at the hearing on the State=s motion to revoke. Instead of revoking appellant=s community supervision, the trial court entered a judgment modifying the terms and conditions of his community supervision. Appellant perfected this appeal. We dismiss.
The State has filed in this court a motion to dismiss the appeal on the grounds that a judgment modifying the terms and conditions of community supervision is not an appealable judgment. We agree. The modifications of the terms and conditions of community supervision may be challenged on direct appeal after community supervision has been revoked pursuant to Tex. Code Crim. Proc. Ann. art. 42.12, ' 23(b) (Vernon Supp. 2007) or under the provisions of Tex. Code Crim. Proc. Ann. art. 11.072 (Vernon 2005). Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).
The motion is granted, and the appeal is dismissed for want of jurisdiction.
PER CURIAM
May 22, 2008
Do not publish. See Tex. R. App. P. 47.2(b).
Panel consists of: Wright, C.J.,
McCall, J., and Strange, J.