Opinion
No. 04-04-00433-CR
Delivered and Filed: August 4, 2004. DO NOT PUBLISH.
Appeal from the 175th Judicial District Court, Bexar County, Texas, Trial Court No. 2002-CR-5184, Honorable Mary Román, Judge Presiding. Dismissed for Lack of Jurisdiction.
Sitting: Alma L. LÓPEZ, Chief Justice, Catherine STONE, Justice, Paul W. GREEN, Justice.
MEMORANDUM OPINION
Appellant filed a motion for leave to file a late notice of appeal in this court, stating that sentence was imposed on March 29, 2004. The district clerk's records, however, show that on March 29, 2004, the trial court entered an order continuing appellant's probation but modifying her conditions. This court does not have jurisdiction to consider an appeal of an order modifying regular probation. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App. 1977). Even if this court had jurisdiction, appellant failed to file a timely notice of appeal in the trial court. See Tex.R.App.P. 26.2(a)(1); Rivera v. State, 940 S.W.2d 148 (Tex. App.-San Antonio 1996, no pet.). On June 28, 2004, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. This appeal is dismissed for lack of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996); Basaldua v. State, 558 S.W.2d at 5.