Gloria G. Martinez v. State

Opinion

MEMORANDUM OPINION No. 04-02-00794-CR Gloria G. MARTINEZ, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 1996-CR-6074 Honorable Mary Román, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: January 22, 2003

APPEAL DISMISSED FOR LACK OF JURISDICTION

On October 16, 2002 appellant Gloria G. Martinez filed a notice of appeal of the "sentence ... imposed against Defendant on the 16th day of September 2000." After reviewing the clerk's record, we concluded Martinez intends to appeal the trial court's September 16, 2002 order that extended the period of her community supervision for one additional year. The record reflects that Martinez's community supervision had not been revoked when she filed her notice of appeal.

An order modifying probation is not appealable. 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.). Accordingly, we ordered Martinez to show cause why this appeal should not be dismissed for want of jurisdiction. Martinez did not respond to our order.

The appeal is dismissed for want of jurisdiction.

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