Spicerv.State

Court of Appeals of Texas, Fourteenth District, HoustonMar 2, 2006
No. 14-05-01275-CR (Tex. App. Mar. 2, 2006)

No. 14-05-01275-CR

Memorandum Opinion filed March 2, 2006. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).

On Appeal from County Criminal Court at Law No. 2, Harris County, Texas, Trial Court Cause No. 1301063. Dismissed.

Panel consists of Justices HUDSON, FOWLER, and SEYMORE.


MEMORANDUM OPINION


PER CURIAM.

Amber Lachelle Spicer entered a plea of guilty to theft pursuant to a plea bargain and the trial court deferred adjudicating guilt, placed her under community supervision for one year, and assessed a $300 fine. Subsequently, the State filed a motion to adjudicate guilt. The trial court did not adjudicate guilt, but amended Spicer's conditions of community supervision. Spicer filed a pro se notice of appeal. Generally, an appellate court only has jurisdiction to consider an appeal by a criminal defendant where there has been a final judgment of conviction. Workman v. State, 170 Tex. Crim. 621, 343 S.W.2d 446, 447 (1961); McKown v. State, 915 S.W.2d 160, 161 (Tex.App.-Fort Worth 1996, no pet.). The exceptions include: (1) appeals from deferred adjudication community supervision, Kirk v. State, 942 S.W.2d 624, 625 (Tex.Crim.App. 1997); (2) appeals from the denial of a motion to reduce bond, TEX.R.APP. P. 31.1; McKown, 915 S.W.2d at 161; and (3) certain appeals from the denial of habeas corpus relief, Wright v. State, 969 S.W.2d 588, 589 (Tex.App.-Dallas 1998, no pet.); McKown, 915 S.W.2d at 161. Spicer did not file a timely notice of appeal from the trial court's decision to defer adjudication. The imposition of amended conditions of community supervision is not a separately appealable order. Because this appeal does not fall within the exceptions to the general rule that appeal may be taken only from a final judgment of conviction, we have no jurisdiction. Accordingly, the appeal is ordered dismissed.