Amanda Gayle Hixon v. The State of Texas--Appeal from 272nd District Court of Brazos County

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IN THE TENTH COURT OF APPEALS No. 10-10-00037-CR AMANDA GAYLE HIXON, Appellant v. THE STATE OF TEXAS, Appellee From the 272nd District Court Brazos County, Texas Trial Court No. 09-02097-CRF-272 MEMORANDUM OPINION Amanda Gayle Hixon pled guilty to possession of a controlled substance, less than one gram, and was sentenced to 10 years in prison. The sentence was suspended and Hixon was placed on community supervision for 5 years. The State then filed a motion to revoke Hixon s community supervision and a hearing was held before a magistrate. The magistrate revoked the community supervision and Hixon appealed to this Court. Hixon then revised her notice of appeal to request a hearing regarding the magistrate s ruling with the referring district court. See TEX. GOV T CODE ANN. ยง 54.1113 (Vernon 2005). Hixon sent a letter to this Court explaining the circumstances of this proceeding and asking the Court to remove this case, at this time, from appeal. The parties and the trial court agree that the magistrate s judgment is not yet final and sentence has not yet been pronounced. Because there is no final, appealable order, this appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 25.2(a)(2); 26.2(a). TOM GRAY Chief Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Appeal dismissed Opinion delivered and filed March 24, 2010 Do not publish [CR25] Hixon v. State Page 2

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