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Leatherman v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 24, 2007
No. 04-06-00768-CR (Tex. App. Jan. 24, 2007)

Opinion

No. 04-06-00768-CR.

Delivered and Filed: January 24, 2007. DO NOT PUBLISH.

From the 399th Judicial District Court, Bexar County, Texas, Trial Court No. 2005-CR-9070W, Honorable Juanita Vasquez-Gardner, Judge Presiding.

Sitting: PHYLIS J. SPEEDLIN Justice, REBECCA SIMMONS Justice, STEVEN C. HILBIG Justice.


MEMORANDUM OPINION


DISMISSED FOR WANT OF JURISDICTION On January 9, 2006, appellant was placed on deferred adjudication community supervision for a period of five years. On September 7, 2006, the State filed a motion to enter an adjudication of guilt and to revoke appellant's community supervision. On October 27, 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. 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.). On December 7, 2006, this court issued an order for appellant to show cause on or before December 22, 2006 why this appeal should not be dismissed for lack of jurisdiction. Appellant's appointed counsel responded, and conceded that appellant has no right to appeal. Accordingly, this appeal is dismissed for lack of jurisdiction.


Summaries of

Leatherman v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jan 24, 2007
No. 04-06-00768-CR (Tex. App. Jan. 24, 2007)
Case details for

Leatherman v. State

Case Details

Full title:Mary Elizabeth LEATHERMAN a/k/a Mary Bethel, Appellant v. The STATE of…

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

Date published: Jan 24, 2007

Citations

No. 04-06-00768-CR (Tex. App. Jan. 24, 2007)