TONY EUGENE FRANKLIN v. THE STATE OF TEXAS (2011)

MEMORANDUM OPINION

Opinion By Justice Murphy

Tony Eugene Franklin pleaded guilty to two offenses of violating a protective order.   On January 19, 2010, the trial judge found appellant guilty and assessed punishment in each case at five years' imprisonment, probated for five years.   In cause no.   05–11–01581–CR, the trial judge also assessed a $2000 fine.   Appellant did not file motions for new trial or notices of appeal at that time.   On October 6, 2011, appellant sent the trial judge a letter stating he wished to appeal his cases.   Appellant filed notices of appeal on October 12, 2011.   We conclude we lack jurisdiction over the appeals.

To be timely, a notice of appeal must be filed within thirty days of the date the trial court imposes or suspends punishment in open court.   See Tex.R.App. P. 26.2(a)(1).   Thus, appellant's notices of appeal were due by February 18, 2010.   Appellant's October 6, 2011 letter expressing his desire to appeal and his October 12, 2011 notices of appeal are untimely as to the January 19, 2010 sentencing date.¹  See Slaton v. State, 981 S.W.2d 208, 210 (Tex.Crim.App.1998) (per curiam).   Therefore, we lack jurisdiction over the appeals.

We dismiss the appeals for want of jurisdiction.

FOOTNOTES

FN1. In cause no.   05–11–01581–CR, the trial judge signed an order on November 4, 2011 modifying the conditions of appellant's community supervision.   Appellant's October 6, 2011 letter and October 12, 2011 notice of appeal preceded this action.   Further, an order modifying probation conditions is not appealable.   See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App.1977)..  FN1. In cause no.   05–11–01581–CR, the trial judge signed an order on November 4, 2011 modifying the conditions of appellant's community supervision.   Appellant's October 6, 2011 letter and October 12, 2011 notice of appeal preceded this action.   Further, an order modifying probation conditions is not appealable.   See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App.1977).

MARY MURPHY JUSTICE