Opinion
No. 4-05-00850-CR
Delivered and Filed: January 18, 2006. DO NOT PUBLISH.
Appeal from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 914182, 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 April 8, 2005, appellant was convicted of assault bodily injury (married) and was sentenced to one year imprisonment and a fine of $1,000. Appellant's sentence was suspended, and he was placed on probation for one year. The State then filed a motion to revoke appellant's probation, and on November 1, 2005, the trial court modified the terms of appellant's probation. On November 21, 2005, appellant filed a notice of appeal, seeking to appeal the trial court's order modifying the conditions of his probation. Modification of probation is not appealable at the time of modification. A defendant, however, may appeal the judgment at the time he is placed on probation. Tex. Code Crim. Proc. Ann. art. 42.12 § 23(b). Here, appellant did not timely appeal from the judgment. A defendant may also appeal his revocation of probation 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. Id. Here, appellant's probation has not been revoked. Those are the two opportunities permitting an appeal in a case involving probation. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App. 1977). Thus, it appears that we have no jurisdiction over this appeal. We, therefore, ordered appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. Appellant has not responded. As such, we dismiss this appeal for lack of jurisdiction.