Samantha Lee Howard v. State ( 2016 )


Menu:
  •                           COURT OF APPEALS
    SECOND DISTRICT OF TEXAS
    FORT WORTH
    NO. 02-15-00428-CR
    SAMANTHA LEE HOWARD                                                      APPELLANT
    V.
    THE STATE OF TEXAS                                                             STATE
    ----------
    FROM THE 372ND DISTRICT COURT OF TARRANT COUNTY
    TRIAL COURT NO. 1365143D
    ----------
    MEMORANDUM OPINION 1
    ----------
    Samantha Howard filed a pro se notice of appeal from the trial court’s
    amendment of the conditions of her deferred adjudication community
    supervision. Not only has this court not received any written orders of the trial
    court, an order modifying the terms of deferred adjudication community
    supervision is not subject to a direct appeal to this court at the time it is rendered.
    1
    See Tex. R. App. P. 47.4.
    Basaldua v. State, 
    558 S.W.2d 2
    , 5 (Tex. Crim. App. 1977); see Davis v. State,
    
    195 S.W.3d 708
    , 710 (Tex. Crim. App. 2006) (holding that reasoning of
    Basaldua, which addressed a straight probation modification order, applies to the
    modification of terms of community supervision in deferred adjudication cases);
    Helms v. State, Nos. 02-14-00170-CR, 02-14-00171-CR, 
    2014 WL 3778283
    , at
    *1 (Tex. App.––Fort Worth July 31, 2014, no pet.) (mem. op., not designated for
    publication); see also Tex. R. App. P. 26.2(a)(1). Accordingly, we dismiss the
    appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f).
    PER CURIAM
    PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.
    DO NOT PUBLISH
    Tex. R. App. P. 47.2(b)
    DELIVERED: March 3, 2016
    2
    

Document Info

Docket Number: 02-15-00428-CR

Filed Date: 3/3/2016

Precedential Status: Precedential

Modified Date: 3/8/2016