Lamon Joshua Bater v. The State of Texas

Appellant Lamon Joshua Bater filed a pro se notice of appeal “from the denial

of his objections to his conditions of probation,” which the “trial court has

ordered . . . to continue unchanged without a written order.” On September 26, 2018,

we notified Bater of our concern that we lack jurisdiction over this appeal because the

trial court had not signed a written order denying his requested relief, see State v.

Wachtendforf, 475 S.W.3d 895, 904 (Tex. Crim. App. 2015), and because we have no

jurisdiction to review an order denying a motion to modify the conditions of deferred

adjudication community supervision, see Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim.

App. 1977); Davis v. State, 195 S.W.3d 708, 711 (Tex. Crim. App. 2006). Bater

responded to our notice, but instead of explaining why we have jurisdiction, he argued

that we should issue a writ of mandamus against the trial court—but no mandamus

petition is before us—or that we should “enter a judgment finding that [he] is not

subject to sex offender counseling”—but that would effectively adjudicate the very

issue that he raises on appeal.

We dismiss this appeal for want of jurisdiction.2