COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-14-00170-CR
NO. 02-14-00171-CR
TODD ERIC HELMS APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 432ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 1286173D
TRIAL COURT NO. 1315585D
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MEMORANDUM OPINION1
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On May 7, 2014, we notified Appellant Todd Eric Helms of our concern that
we lack jurisdiction over his attempted appeals from the trial court’s orders
supplementing and amending his conditions of deferred adjudication community
supervision. Helms’s court-appointed appellate counsel responded by filing a
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See Tex. R. App. P. 47.4.
motion to abate these appeals to the trial court so that it may consider whether its
certification that Helms has a right to appeal is proper. Abatement is
unnecessary. This court does not have jurisdiction to consider an appeal from an
order altering or modifying the conditions of community supervision. See Davis
v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006) (“There is no legislative
authority for entertaining a direct appeal from an order modifying the conditions
of community supervision.”); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App.
1977); Jenerette v. State, Nos. 02-13-00092-CR, 02-13-00093-CR, 2013 WL
2631297, at *1 (Tex. App.—Fort Worth June 13, 2013, no pet.) (mem. op., not
designated for publication). Accordingly, we deny Helms’s motion to abate and
dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
PER CURIAM
PANEL: MEIER, J.; LIVINGSTON, C.J.; and GABRIEL, J.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: July 31, 2014
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