Gwen Neveaux v. The State of Texas--Appeal from Criminal District Court of Jefferson County

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In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-10-00239-CR _________________ GWEN NEVEAUX, Appellant V. THE STATE OF TEXAS, Appellee ____________________________________________________________________ _ On Appeal from the Criminal District Court Jefferson County, Texas Trial Cause No. 08-04636 ___________________________________________________________________ __ MEMORANDUM OPINION On May 27, 2010, 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 Neveaux s community supervision and imposing additional conditions. The trial court s order 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 1 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. _________________________________ HOLLIS HORTON Justice Opinion Delivered June 23, 2010 Do Not Publish Before Gaultney, Kreger, and Horton, JJ. 2

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