Tracilee Daniele Hippe v. The State of Texas

Tyler, TX - Criminal defense attorney represented Tracilee Daniele Hippe with an Abandoning or Endangering Child charge.

Tracilee Daniele Hippe filed a notice of appeal in trial court cause number 114-1224-20.

Sentence was imposed on September 10, 2020. Under the rules of appellate procedure, the

notice of appeal must be filed within thirty days after the sentence is imposed or within ninety

days after sentence is imposed if the defendant timely files a motion for new trial. See TEX. R.

APP. P. 26.2(a). Rule 26.3 provides that an appellate court may extend the time to file the notice

of appeal if, within fifteen days after the filing deadline, the party "(a) files in the trial court the

notice of appeal; and (b) files in the appellate court a motion complying with Rule 10.5(b).”

TEX. R. APP. P. 26.3. Appellant filed her notice of appeal on December 23, 2020, and the record

does not indicate that she filed a motion for new trial.

Accordingly, on January 4, 2021, this Court notified Appellant that the information

received failed to show the jurisdiction of the Court, i.e., there was no notice of appeal filed

within the time allowed by the rules of appellate procedure and no timely motion for an

extension of time to file the notice of appeal. See TEX. R. APP. P. 26.2, 26.3. We informed

Appellant that the appeal would be dismissed unless the information was amended on or before

January 14 to show this Court's jurisdiction. In response, Appellant's counsel filed a letter in

which she states that Appellant desires to appeal from the trial court's amendment of the

conditions of her community supervision. However, counsel states, "Appellant acknowledges

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that a judgment modifying the terms of community supervision is generally not a final,

appealable order and that dismissal of the appeal for want of jurisdiction is appropriate.”

"[I]n Texas, appeals by either the State or the defendant in a criminal case are permitted

only when they are specifically authorized by statute.” State ex rel. Lykos v. Fine, 330 S.W.3d

904, 915 (Tex. Crim. App. 2011). "There is no legislative authority for entertaining a direct

appeal from an order modifying the conditions of community supervision.” Davis v. State, 195

S.W.3d 708, 710 (Tex. Crim. App. 2006).1 Appellant did not timely appeal from the judgment

placing her on community supervision and her community supervision has not been revoked.

Moreover, she concedes that the amendment of her community supervision terms is not

appealable.

Thus, under these circumstances, we dismiss the appeal for want of jurisdiction.