Crystal Star Cardenas v. the State of Texas

Texas Court of Appeals, 4th District (San Antonio)·Decided May 6, 2026·No. 04-26-00079-CR·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00079-CR

Crystal Star CARDENAS, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CR-5931 Honorable Catherine Torres-Stahl, Judge Presiding

PER CURIAM

Sitting: Lori Massey Brissette, Justice Adrian A. Spears II, Justice H. Todd McCray, Justice

Delivered and Filed: May 6, 2026

DISMISSED FOR WANT OF JURISDICTION

Pursuant to a plea bargain, appellant was placed on community supervision in January

2023. On January 28, 2026, the trial court signed an “Order Amending Conditions of Community

Supervision.” On January 28, 2026, appellant filed a pro se notice of appeal, appearing to appeal

the trial court’s order amending the conditions of community supervision. However, this court

does not have jurisdiction to consider an appeal from an order altering or modifying the conditions

of community supervision. See Davis v. State, 195 S.W.3d 708, 710-11 (Tex. Crim. App. 2006); 04-26-00079-CR

Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Quaglia v. State, 906 S.W.2d 112,

113 (Tex. App.—San Antonio 1995, no pet.).

We therefore ordered appellant to show cause why this appeal should not be dismissed for

lack of jurisdiction. On April 23, 2026, appellant’s counsel responded, explaining there were “no

flaws with [the court’s] conclusions” and “[t]his attempted appeal . . . targets a probation

modification that is simply unappealable. . . . As such, appellate counsel concedes this Court has

little choice but to dismiss this attempted appeal for want of jurisdiction.”

Accordingly, we dismiss this appeal for lack of jurisdiction.

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Related

Davis v. State
195 S.W.3d 708 (Court of Criminal Appeals of Texas, 2006)
Basaldua v. State
558 S.W.2d 2 (Court of Criminal Appeals of Texas, 1977)
Quaglia v. State
906 S.W.2d 112 (Court of Appeals of Texas, 1995)