Demarcus Ross v. The State of TexasAppeal from 291st Judicial District Court of Dallas County (memorandum opinion )
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Dismiss and Opinion Filed May 16, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00239-CR DEMARCUS ROSS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F10-99718-U MEMORANDUM OPINION Before Justices Lang, Myers, and Brown Opinion by Justice Myers Pursuant to section 54.051 of the Texas Family Code, on June 17, 2010, a juvenile court transferred Demarcus Ross to district court to complete the remainder of his eight-year term of community supervision for aggravated sexual assault of a child. Over the next three-and-a-half years, the State filed several motions to revoke appellant s community supervision and adjudicate guilt, which were either withdrawn or denied, and appellant s conditions of supervision were modified. On February 20, 2014, the trial court granted the State s January 22, 2014 motion to revoke and adjudicate guilt and sentenced appellant to eight years imprisonment. Appellant filed a motion for new trial and a notice of appeal. The trial court granted appellant s motion for new trial and on March 5, 2014 denied the motion to revoke and modified the conditions of appellant s community supervision. Appellant s attorney has filed a letter brief asserting that this Court no longer has jurisdiction over the appeal. We agree with appellant. The granting of the motion for new trial restored this case to its position before the revocation proceedings. See TEX. R. APP. P. 291.9(b). After the new trial was granted, the trial court denied the State s motion to revoke and modified the conditions of community supervision. An order modifying the conditions of supervision is not an appealable order. See Balsaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). We dismiss the appeal for want of jurisdiction. /Lana Myers/ LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47 140239F.U05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DEMARCUS ROSS, Appellant No. 05-14-00239-CR On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F10-99718-U. Opinion delivered by Justice Myers, Justices Lang and Brown participating. V. THE STATE OF TEXAS, Appellee Based on the Court s opinion of this date, we DISMISS the appeal for want of jurisdiction. Judgment entered this 16th day of May, 2014. /Lana Myers/ LANA MYERS JUSTICE 3
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