Opinion
No. 04-18-00289-CR
07-05-2018
Crystal GUTIERREZ, Appellant v. The STATE of Texas, Appellee
MEMORANDUM OPINION
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2015CR11295
The Honorable Joey Contreras, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice DISMISSED FOR LACK OF JURISDICTION
On December 13, 2016, appellant was placed on deferred adjudication community supervision in accordance with her plea-bargain agreement. The State then filed a motion to adjudicate and revoke appellant's community supervision, and on April 3, 2018, the trial court modified the terms of appellant's community supervision. On April 18, 2018, appellant filed a notice of appeal, apparently with respect to the April 3, 2018 order.
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.; see also Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App. 2006) ("There is no legislative authority for entertaining a direct appeal from an order modifying the conditions of community supervision."). Thus, it appeared that we lack jurisdiction over this appeal.
We therefore ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. On June 6, 2018, appellant's counsel filed a response in which counsel acknowledged we have no jurisdiction over this appeal. This appeal is therefore dismissed for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH