David A. Carrasco v. State

• Court: Court of Appeals of Texas
• Decided: February 13, 2003
• Docket: 08-02-00399-CR
• Status: Published

Opinion

Criminal Case Template

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DAVID A. CARRASCO, Appellant, v. THE STATE OF TEXAS, Appellee.

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No. 08-02-00399-CR Appeal from the 244th District Court of Ector County, Texas (TC# C-28,995)

MEMORANDUM OPINION

On October 1, 2001, David A. Carrasco pleaded guilty and was convicted of possession of a controlled substance. Imposition of the sentence was suspended, and he was placed on community supervision for two years. The trial court modified the terms of community supervision on January 23, 2002, and September 3, 2002. On September 5, 2002, Carrasco filed a notice of appeal from the September 3, 2002 modification order. On January 13, 2003, we notified the parties of our intent to dismiss the appeal for want of jurisdiction unless any party could show grounds for continuing the appeal. The parties had ten days to respond to our notice. No response has been filed.

An order modifying the terms of community supervision is not subject to a direct appeal. See Tex. Code Crim. Proc. Ann. art. 42.12, §§ 22, 23(b) (Vernon Supp. 2003); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Elizondo v. State, 966 S.W.2d 671, 672 (Tex. App.--San Antonio 1998, no pet.). Redress for an error in the modification of community supervision is appropriate only through a writ of habeas corpus returnable to the Texas Court of Criminal Appeals. Basaldua, 558 S.W.2d at 5; Elizondo, 966 S.W.2d at 672. Accordingly, we do not have jurisdiction over Carrasco's attempted appeal from the order modifying the terms of community supervision.

The appeal is dismissed for lack of jurisdiction.

SUSAN LARSEN, Justice

February 13, 2003

Before Panel No. 1

Larsen, McClure, and Chew, JJ.

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