Joe Arizola v. State

• Court: Court of Appeals of Texas
• Decided: February 17, 2010
• Docket: 04-09-00773-CR
• Status: Published

Opinion

i i i i i i

MEMORANDUM OPINION

No. 04-09-00773-CR

Joe ARIZOLA, Appellant

v.

The STATE of Texas, Appellee

From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 278088 Honorable Monica Guerrero, Judge Presiding

PER CURIAM

Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice

Delivered and Filed: February 17, 2010

DISMISSED FOR WANT OF JURISDICTION

On May 27, 2009, appellant was placed on deferred adjudication community supervision for

a period of one year. On October 9, 2009, the State filed a motion to enter adjudication of guilt and

revoke appellant’s community supervision. On October 28, 2009, the trial court entered an order

continuing appellant on community supervision, but modifying the terms of appellant’s community

supervision. Appellant filed a notice of appeal from the trial court’s order modifying the conditions 04-09-00773-CR

of his community supervision. This court does not have jurisdiction to consider an appeal from an

order altering or modifying the conditions of community supervision. See 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.). On January 4, 2010, this court issued an order for appellant to show cause

on or before January 19, 2010, why this appeal should not be dismissed for lack of jurisdiction.

Appellant did not respond. Accordingly, this appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH

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