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Velasco v. State

Fourth Court of Appeals San Antonio, Texas
Dec 23, 2014
No. 04-14-00634-CR (Tex. App. Dec. 23, 2014)

Opinion

No. 04-14-00634-CR

12-23-2014

Steven VELASCO, Appellant v. The STATE of Texas Appellee


MEMORANDUM OPINION

From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR4702
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED FOR LACK OF JURISDICTION

Not participating.

Appellant Steven Velasco is seeking to appeal from the trial court's order modifying the conditions of his probation. An order modifying the conditions of probation is not appealable at the time of the modification. A defendant may appeal the judgment placing him on probation. TEX. CODE CRIM. PROC. ANN. art. 42.12(23)(b) (West Supp. 2014). A defendant may also appeal an order revoking his probation. Id. Those are the two opportunities permitting an appeal in a case involving probation. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).

On September 30, 2014, this court ordered Velasco to show cause in writing no later than October 30, 2014, why this appeal should not be dismissed for want of jurisdiction. Velasco did not respond to our order. Accordingly, because this court lacks jurisdiction to consider an appeal of an order modifying the conditions of probation, this appeal is dismissed for lack of jurisdiction. Id.

PER CURIAM DO NOT PUBLISH


Summaries of

Velasco v. State

Fourth Court of Appeals San Antonio, Texas
Dec 23, 2014
No. 04-14-00634-CR (Tex. App. Dec. 23, 2014)
Case details for

Velasco v. State

Case Details

Full title:Steven VELASCO, Appellant v. The STATE of Texas Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 23, 2014

Citations

No. 04-14-00634-CR (Tex. App. Dec. 23, 2014)