Jerry L. Massey v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: October 11, 2023
• Docket: 04-23-00763-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00763-CR & 04-23-00764-CR

Jerry L. MASSEY, Appellant

v.

The STATE of Texas, Appellee

From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR4026W & 2023CR4027W Honorable Joel Perez, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice

Delivered and Filed: October 11, 2023

DISMISSED FOR LACK OF JURISDICTION

Pursuant to a plea bargain, appellant was placed on community supervision in June 2023.

On July 19, 2023, the trial court signed an “Order Amending Conditions of Community

Supervision.” On August 9, 2023, appellant filed a pro se notice of appeal, appealing the trial

court’s order. Because this court does not have jurisdiction to consider an appeal from an order

altering or modifying the conditions of community supervision, we ordered appellant to show

cause why this appeal should not be dismissed. See Davis v. State, 195 S.W.3d 708, 710-11 (Tex. 04-23-00763-CR & 04-23-00764-CR

Crim. App. 2006); 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.).

Appellant’s counsel filed a response “agree[ing]” this court “does not have jurisdiction.”

He contended, however, he was moving for reconsideration in the trial court and moved this court

to stay the appeal and remand the case to the trial court for his reconsideration motion. Appellant

also concedes the trial court still has jurisdiction because appellant was on deferred adjudication

and no final judgment had been entered in the case.

Accordingly, we deny appellant’s motion for a stay and dismiss appeal nos. 04-23-00763-

CR & 04-23-00764-CR for lack of jurisdiction.

DO NOT PUBLISH

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