Tate v. State

Full title: PETRINA VALENCIA TATE, Appellant, v. THE STATE OF TEXAS, Appellee

Court: Court of Appeals of Texas, Fifth District, Dallas

Date published: Dec 12, 2003

No. 05-03-01599-CR (Tex. App. Dec. 12, 2003)

Opinion

No. 05-03-01599-CR

Opinion issued December 12, 2003. DO NOT PUBLISH. Tex.R.App.P. 47.

On Appeal from the 366^th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-80936-96. Dismissed.

Before Justices BRIDGES, FRANCIS, and LANG-MIERS.

MEMORANDUM OPINION

PER CURIAM

Petrina Valencia Tate pleaded guilty to the offense of engaging in organized criminal activity. The trial court deferred adjudicating guilt, placed appellant on ten years community supervision, and assessed a $500 fine. The State moved to proceed with adjudication of guilt. However, following a hearing, the trial court continued appellant on deferred adjudication and modified the conditions of community supervision. Appellant thereafter filed a notice of appeal. An appellant may appeal at the time she is placed on deferred adjudication community supervision or after adjudication of guilt. See Tex. Code Crim. Proc. Ann. art. 42.12, § 5 (Vernon Supp. 2004); Olowosuko v. State, 826 S.W.2d 940, 941 (Tex.Crim.App. 1992) (appeal after adjudication of guilt; Dillehey v. State, 815 S.W.2d 623, 626 (Tex.Crim.App. 1991) (appeal from order deferring adjudication of guilt). No appeal is permitted from an order modifying the conditions of community supervision. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App. 1977) (no appeal from order modifying conditions of regular probation); Christopher v. State, 7 S.W.3d 224, 225 (Tex. App.-Houston [1^st Dist.] 1999, pet. ref'd) (no appeal from order modifying conditions of deferred adjudication community supervision); Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App.-San Antonio 1995, no pet.) (same). Accordingly, we dismiss the appeal for want of jurisdiction.