Carie Ann Preston v. State ( 2014 )

Order entered April 8, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01513-CR
CARIE ANN PRESTON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1
Dallas County, Texas
Trial Court Cause No. F08-16690-H
ORDER
The Court REINSTATES the appeal.
On January 23, 2014, we ordered the trial court to make findings regarding why the
clerk’s and reporter’s records had not been filed. We have received the clerk’s record, as well as
the trial court’s findings. The trial court found that appellant desires to pursue the appeal, but that
her notice of appeal was untimely. The record reflects that on October 4, 2013, the trial court
denied the State’s motion to proceed with adjudication of guilt, extended the period of
appellant’s supervision, and modified the conditions of her supervision. On October 28, 2013,
appellant filed a notice of appeal seeking reconsideration of the October 4, 2013 order. Thus,
although the notice of appeal was timely as to the October 4, 2013 order, the order extending and
modifying her community supervision is not appealable. See Basaldua v. State, 558 S.W.2d 2, 5
(Tex. Crim. App. 1977). Accordingly, we will dispose of the appeal in due course.
/s/ LANA MYERS
JUSTICE