James Otis McCray, Appellant v. The State of Texas, State (2016)

MEMORANDUM OPINION 1

In 2013, the trial court convicted Appellant James Otis McCray of felony driving while intoxicated (DWI) and sentenced him to ten years' confinement, suspending imposition of the sentence and placing Appellant on community supervision for ten years.  Less than three years later, after the State filed its first amended petition to revoke Appellant's community supervision, the trial court amended Appellant's community supervision to add conditions prohibiting his driving, requiring electronic alcohol monitoring as directed by the trial court, and requiring him to complete 45–120 days of confinement and treatment in an Intermediate Sanction Facility.  Appellant attempts to appeal the trial court's modification of his community supervision conditions.

We notified Appellant and his attorney of record of our concern that we lack jurisdiction over this appeal because the trial court had not entered an appealable order, and we indicated that this appeal was subject to dismissal for want of jurisdiction absent a timely response showing grounds for jurisdiction.  We have received no response.

This court has no jurisdiction to consider an appeal from an order modifying conditions of community supervision.²  Accordingly, we dismiss this appeal for want of jurisdiction.³  Nothing in this opinion is meant to foreclose any attempt by Appellant to file a motion with the trial court to amend the conditions of community supervision or, should such motion prove unsuccessful, to seek habeas relief.⁴

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

2.   Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App.1977);  Danzey v. State, No. 02–12–00557–CR, 2013 WL 709273, at *1 (Tex.App.—Fort Worth Feb. 28, 2013, no pet.) (mem. op., not designated for publication).

3.   See Tex.R.App. P. 43.2(f).

4.   See Tex.Code Crim. Proc. Ann. art. 11.072, §§ 2(b)(2), 3(b), (c) (West 2015).

PER CURIAM