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Avilez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 13, 2006
No. 04-06-00760-CR (Tex. App. Dec. 13, 2006)

Opinion

No. 04-06-00760-CR.

Delivered and Filed: December 13, 2006. DO NOT PUBLISH.

Appeal from the 379th Judicial District Court, Bexar County, Texas, Trial Court No. 2003-CR-3528, Honorable Bert Richardson, Judge Presiding.

Sitting: ALMA L. LÓPEZ, Chief Justice, PHYLIS J. SPEEDLIN, Justice, REBECCA SIMMONS, Justice.


MEMORANDUM OPINION


DISMISSED FOR WANT OF JURISDICTION On May 14, 2004, appellant was placed on deferred adjudication community supervision for a period of five years. On May 31, 2006, the State filed a motion to enter an adjudication of guilt and to revoke appellant's community supervision. On June 28, 2006, the trial court entered an order continuing appellant on deferred adjudication and modifying the terms of appellant's community supervision. Appellant filed a notice of appeal from the trial court's order modifying the conditions of her community supervision. On November 9, 2006, appellant's counsel filed a letter stating that because appellant is still serving deferred adjudication, there is no final conviction in this cause, and appellant has no right to appeal. This court does not have jurisdiction to consider an appeal from an order altering or modifying the conditions of community supervision. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App. 1977); Quaglia v. State, 906 S.W.2d 112, 113 (Tex.App.-San Antonio 1995, no pet.). Accordingly, this appeal is dismissed for lack of jurisdiction.


Summaries of

Avilez v. State

Court of Appeals of Texas, Fourth District, San Antonio
Dec 13, 2006
No. 04-06-00760-CR (Tex. App. Dec. 13, 2006)
Case details for

Avilez v. State

Case Details

Full title:Amanda AVILEZ a/k/a Samantha Avilez, Appellant v. The STATE of Texas…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Dec 13, 2006

Citations

No. 04-06-00760-CR (Tex. App. Dec. 13, 2006)