Randy Quoc Nghiem v. The State of Texas--Appeal from 252nd District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-09-00456-CR ____________________ RANDY QUOC NGHIEM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 252nd District Court Jefferson County, Texas Trial Cause No. 90943 MEMORANDUM OPINION On November 25, 2009, we notified the parties that our jurisdiction was not apparent from the notice of appeal, and that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. No response has been filed. The notice of appeal seeks to appeal the trial court s order continuing and modifying Nghiem s community supervision and imposing additional conditions. The trial court s order 1 is not appealable. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977) (Appellate court lacks jurisdiction on direct appeal from an order modifying the terms and conditions of probation.); see also Christopher v. State, 7 S.W.3d 224, 225 (Tex. App.--Houston [1st Dist.] 1999, pet. ref d). Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED. _________________________________ DAVID GAULTNEY Justice Opinion Delivered January 20, 2010 Do Not Publish Before McKeithen, C.J., Gaultney and Horton, JJ. 2
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