Opinion
No. 04-13-00416-CR
07-16-2013
Shelby David ALVAREZ, Appellant v. THE STATE OF TEXAS, Appellee
From the 437th Judicial District Court, Bexar County, Texas
Trial Court No. 2010CR8598
Ernie Glenn, Judge Presiding
ORDER
On August 7, 2012, Shelby David Alvarez was placed on deferred adjudication community supervision in accordance with his plea-bargain agreement. On May 23, 2013, the terms of his conditions of community supervision were amended. Alvarez has now filed a notice of appeal with respect to this May 23, 2013, order. However, modification of the "terms of deferred adjudication, like appeals from the modification of terms of probation, are not authorized by the legislature." Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App.—San Antonio 1995, no pet.). "If anything, the decision to modify the appellant's deferred adjudication instead of proceeding with adjudication was part of the decision whether to proceed with an adjudication of guilt, for which appeal is expressly forbidden." Id. Thus, it appears that we have no jurisdiction over this appeal.
We therefore ORDER appellant to show cause in writing no later than July 30, 2013 why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending further order of this Court.
______________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of July, 2013.
______________
Keith E. Hottle
Clerk of Court