Opinion
No. 4-05-00682-CR
Delivered and Filed: November 9, 2005. DO NOT PUBLISH.
Appeal from the 227th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-4049W, Honorable Philip A. Kazen, Jr., Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Sarah B. DUNCAN, Justice.
MEMORANDUM OPINION
Appellant's sentence was suspended on June 27, 2005, and appellant was placed on community supervision. On August 4, 2005, the terms of appellant's community supervision were modified. On September 23, 2005, appellant filed a notice of appeal. If appellant sought to appeal the judgment suspending her sentence, her notice of appeal was untimely filed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). Furthermore, this court does not have jurisdiction to consider an appeal of an order modifying the terms of community supervision. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App. 1977). Appellant failed to respond to this court's order dated October 12, 2005, ordering appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. The appeal is dismissed for lack of jurisdiction.