Thomas Hall v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

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MEMORANDUM OPINION
No. 04-07-00071-CR
Thomas W. HALL,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 2006-CR-7400W
Honorable Bert Richardson, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Steven C. Hilbig, Justice

 

Delivered and Filed: April 4, 2007

 

DISMISSED FOR LACK OF JURISDICTION

Thomas Hall pleaded nolo contendere to injury to the elderly and on October 4, 2006, the trial court deferred adjudication and placed Hall on community supervision for a period of four years. The State later filed a motion to revoke Hall's community supervision and to enter an adjudication of guilt. On December 1, 2006, the trial court denied the State's motion, but signed an order altering and amending the terms of Hall's community supervision. Hall filed a notice appealing the trial court's December 1 order.

An order modifying the conditions of community supervision is not appealable. See Davis v. State, 195 S.W.3d 708, 710-11 (Tex. Crim. App. 2006); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); see also Tex. Code Crim. Proc. Ann. art. 11.072 (Vernon 2005) (establishing procedures for an application for writ of habeas corpus seeking relief from a community supervision order). Accordingly, we ordered appellant to show cause why the appeal should not be dismissed for want of jurisdiction. Appellant and his court-appointed appellate counsel responded by filing a motion to dismiss the appeal. The motion is granted and we dismiss this appeal for want of jurisdiction.

PER CURIAM

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