Tomekya Scheree Timmons v. The State of Texas--Appeal from 339th District Court of Harris County

Opinion issued November 17, 2005

In The

Court of Appeals

For The

First District of Texas

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NO. 01-05-00733-CR

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TOMEKYA SCHEREE TIMMONS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 339th District Court

Harris County, Texas

Trial Court Cause No. 986377

MEMORANDUM OPINION

Appellant, Tomekya Scheree Timmons, pleaded guilty to the offense of aggravated assault. In accordance with her plea bargain agreement with the State, the trial court deferred adjudication of guilt, placed appellant on community supervision for five years, and assessed a fine of $500. Appellant filed a timely notice of appeal. The State subsequently filed a motion to adjudicate guilt on May 10, 2005, and an amended motion to adjudicate guilt on May 11, 2005. The State moved to dismiss the motion to adjudicate guilt and the trial court dismissed the motion on May 11, 2005.

The trial court modified appellant s conditions of community supervision without a hearing. Appellant signed the first amended conditions of community supervision which provided, among other things, as follows:

I understand that under the laws of this State, the Court shall determine the terms and conditions of Community Supervision, and may alter or modify said conditions during the period of Community Supervision. I further understand that failure to abide by these Conditions of Community Supervision may result in the revocation of Community Supervision or an adjudication of guilt.

The document is also signed by the trial court and the court liason community supervision officer. Appellant filed a pro se notice of appeal from that order.

No appeal may be taken from an order modifying the conditions of community supervision. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Christopher v. State, 7 S.W.3d 224, 225 (Tex. App. Houston [1st Dist.] 1999, pet. ref d).

Therefore, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Nuchia, Jennings, and Higley.

Do not publish. Tex. R. App. P. 47.2(b).