Duncan, Atha Lee v. The State of Texas

 
DISMISS and Opinion Filed October 11, 2011
 
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-11-01158-CR
No. 05-11-01159-CR
............................
ATHA LEE DUNCAN, Appellant
V.
THE STATE OF TEXAS, Appellee
.............................................................
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F09-60996-T, F09-61123-T
.............................................................
MEMORANDUM OPINION
Before Justices Bridges, Richter, and Murphy
Opinion By Justice Richter
 
In 2010, appellant pleaded guilty to two theft offenses. The
trial judge deferred adjudication of appellant's guilt in each case and
placed her on three years' community supervision. The State later moved
to adjudicate guilt in these cases and charged her with a new offense.
Following a hearing, the trial judge did not grant the State's motion to
adjudicate guilt. Rather, he continued appellant on community
supervision in these cases. See Footnote 1 An order continuing an
individual on community supervision is not an appealable order. See
Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).
We dismiss the appeals for want of jurisdiction.
 
MARTIN RICHTER
JUSTICE
Do Not Publish
Tex. R. App. P. 47
111158F.U05
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Footnote 1
The judge found appellant guilty of the new offense and assessed
punishment at seven months' confinement in a state jail facility. The
 
appeal from that conviction is docketed as cause no. 05-11-00989-CR,
styled Atha Lee Duncan v. The State of Texas, and remains pending before
the Court.
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