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Schafer v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 25, 2008
No. 04-08-00049-CR (Tex. App. Jun. 25, 2008)

Opinion

No. 04-08-00049-CR

Delivered and Filed: June 25, 2008. DO NOT PUBLISH.

Appealed from the County Court at Law No. 7, Bexar County, Texas, Trial Court No. 205672, Honorable Monica E. Guerrero, Judge Presiding.

Sitting: ALMA L. LÓPEZ, Chief Justice, CATHERINE STONE, Justice, KAREN ANGELINI, Justice.


MEMORANDUM OPINION


DISMISSED FOR LACK OF JURISDICTION

Appellant was placed on deferred adjudication community supervision on March 14, 2007. On May 7, 2007, the trial court extended the term of appellant's community supervision. On January 24, 2008, appellant filed a motion for leave to file a late notice of appeal. Modification of probation is not appealable at the time of modification. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex.Crim.App. 1977). Moreover, the clerk's record filed in this appeal contains no indication that appellant filed a timely notice of appeal with the trial court. In order for this court to have jurisdiction, a notice of appeal must be filed in the trial court within fifteen days after the deadline for filing the notice of appeal and a motion for extension of time must be timely filed in this court. Olivo v. State, 918 S.W.2d 519, 522 (Tex.Crim.App. 1996). On May 28, 2008, we ordered appellant to show cause in writing why this appeal should not be dismissed for want of jurisdiction. Appellant did not respond to our order. This appeal is dismissed for lack of jurisdiction.


Summaries of

Schafer v. State

Court of Appeals of Texas, Fourth District, San Antonio
Jun 25, 2008
No. 04-08-00049-CR (Tex. App. Jun. 25, 2008)
Case details for

Schafer v. State

Case Details

Full title:Manuel SCHAFER, Jr., Appellant v. The STATE of Texas, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Jun 25, 2008

Citations

No. 04-08-00049-CR (Tex. App. Jun. 25, 2008)