Christopher Olusequn Oduguwa v. The State of Texas Appeal from Criminal District Court No. 5 of Dallas County (memorandum opinion)
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DISMISS; and Opinion Filed April 5, 2018. In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00292-CR CHRISTOPHER OLUSEQUN ODUGUWA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 5 Dallas County, Texas Trial Court Cause No. F17-47480-L MEMORANDUM OPINION Before Justices Lang-Miers, Myers, and Boatright Opinion by Justice Lang-Miers Christopher Olusequn Oduguwa filed his notice of appeal in the trial court on December 18, 2017. On March 19, 2018, that notice was forwarded to this Court along with a copy of the trial court’s December 8, 2017 order modifying the conditions of appellant’s community supervision. Orders modifying conditions of community supervision are not appealable orders. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); see Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006) (legislature has authorized appeal in two instances: from order granting probation and from order revoking probation; there is no legislative authority for entertaining a direct appeal from an order modifying the conditions of community supervision). Without an appealable order, this Court has no jurisdiction to entertain an appeal. Abbott v. State, 271 S.W.3d 694, 697 (Tex. Crim. App. 2008); Nikrasch v. State, 698 S.W.2d 443, 450 (Tex. App.– Dallas 1985, no pet.). Because it appeared appellant was intending to appeal a nonappealable order, we sent a letter to appellant and the State asking each to brief us on the jurisdictional aspect of the appeal. By letter dated April 2, 2018, appellant’s court-appointed attorney responded, agreeing that the Court lacks jurisdiction. We dismiss this appeal for want of jurisdiction. /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 180292F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT CHRISTOPHER OLUSEQUN ODUGUWA, Appellant No. 05-18-00292-CR On Appeal from the Criminal District Court No. 5, Dallas County, Texas Trial Court Cause No. F17-47480-L. Opinion delivered by Justice Lang-Miers, Justices Myers and Boatright participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 5th day of April, 2018. –3–
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