Ora Lee Fuller v. The State of Texas Appeal from 265th Judicial District Court of Dallas County (memorandum opinion)

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DISMISS and Opinion Filed September 13, 2019 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01062-CR No. 05-19-01063-CR No. 05-19-01065-CR ORA LEE FULLER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F17-56984-R, F14-76634-R & F14-76612-R MEMORANDUM OPINION Before Justices Bridges, Molberg, and Partida-Kipness Opinion by Justice Bridges Ora Lee Fuller filed her notices of appeal on September 3, 2019, along with the trial court’s August 14, 2019 orders she wishes to appeal. Those orders denied the State’s motions to revoke community supervision and continued Fuller on probation in each of the above cases. 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 appealable orders, this Court has no jurisdiction to entertain these appeals. 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.). We dismiss the appeals for want of jurisdiction. Do Not Publish TEX. R. APP. P. 47.2(b) 191062F.U05 /David L. Bridges/ DAVID L. BRIDGES JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ORA LEE FULLER, Appellant No. 05-19-01062-CR On Appeal from the 265th Judicial District Court, Dallas County, Texas Trial Court Cause No. F17-56984-R. Opinion delivered by Justice Bridges. Justices Molberg and Partida-Kipness 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 September 13, 2019 –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ORA LEE FULLER, Appellant No. 05-19-01063-CR On Appeal from the 265th Judicial District Court, Dallas County, Texas Trial Court Cause No. F14-76634-R. Opinion delivered by Justice Bridges. Justices Molberg and Partida-Kipness 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 September 13, 2019 –4– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ORA LEE FULLER, Appellant No. 05-19-01065-CR On Appeal from the 265th Judicial District Court, Dallas County, Texas Trial Court Cause No. F14-76612-R. Opinion delivered by Justice Bridges. Justices Molberg and Partida-Kipness 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 September 13, 2019 –5–

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