Opinion
No. 04-10-00265-CR
Delivered and Filed: May 26, 2010. DO NOT PUBLISH.
Appealed from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 265513, Honorable Monica Guerrero, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: KAREN ANGELINI, Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On February 13, 2009, appellant was convicted of violating a protective order and sentenced to one year in jail. The sentence was suspended and appellant was placed on community supervision for a period of fourteen months. On June 26, 2009, the trial court found appellant violated a condition of community supervision and modified appellant's community supervision. Appellant filed a notice of appeal from the order modifying his community supervision. On September 15, 2009, the trial court revoked appellant's community supervision. Appellant did not file a notice of appeal from the order revoking his community supervision. An order modifying community supervision is not appealable. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). A defendant, however, may appeal an order revoking community supervision when he is notified of the decision to revoke and "is called on" to serve a sentence in jail or in the institutional division of the Texas Department of Criminal Justice. See TEX. CODE CRIM. PROC. ANN. art. 42.12, § 23(b) (Vernon Supp. 2009). Here, appellant did not appeal the order revoking his community supervision. Thus, it appears we have no jurisdiction over this appeal. Therefore, on April 20, 2010, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On May 11, 2010, appellant's attorney filed a written response, stating he has found no authority to support jurisdiction. Accordingly, this appeal is dismissed for lack of jurisdiction.