Dismiss and Opinion Filed January 17, 2014
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01107-CR
JAMES EDWARD PHYTHIAN III, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F11-47313-T
MEMORANDUM OPINION
Before Justices Francis, Lang-Miers, and Lewis
Opinion by Justice Francis
James Phythian pleaded guilty to possession of cocaine in an amount less than one gram.
The trial court deferred adjudication of guilt, placed appellant on community supervision for two
years, and assessed a $1,500 fine. After the State filed a motion to proceed to adjudication of
guilt, the trial court denied the motion, extended the term of appellant’s community supervision
by sixteen months, and modified the conditions of his supervision. Appellant’s counsel filed an
Anders brief stating that this Court has no jurisdiction over the appeal. We agree that we lack
jurisdiction over the appeal. An order amending community supervision conditions is not an
appealable order. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).
We dismiss the appeal for want of jurisdiction.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
Do Not Publish
TEX. R. APP. P. 47
131107F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JAMES EDWARD PHYTHIAN III, On Appeal from the 283rd Judicial District
Appellant Court, Dallas County, Texas
Trial Court Cause No. F11-47313-T.
No. 05-13-01107-CR V. Opinion delivered by Justice Francis,
Justices Lang-Miers and Lewis participating.
THE STATE OF TEXAS, Appellee
Based on the Court’s opinion of this date, we DISMISS the appeal for want of
jurisdiction.
Judgment entered January 17, 2014
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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