John Gilbert Centeno Jr v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: May 6, 2026
• Docket: 04-26-00177-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00177-CR

John Gilbert CENTENO Jr, Appellant

v.

The STATE of Texas, Appellee

From the 226th Judicial District Court, Bexar County, Texas Trial Court No. 2024-CR-010971 The Honorable Benjamin Robertson, Judge Presiding

PER CURIAM

Sitting: Adrian A. Spears II, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: May 6, 2026

DISMISSED FOR LACK OF JURISDICTION

On April 15, 2025, appellant, pursuant to a plea-bargain agreement, pled guilty to two

counts of repeated violation of a protective order and was placed on deferred adjudication

community supervision for seven years. See TEX. PENAL CODE § 25.072(e). On November 26,

2025, the State filed a motion to adjudicate appellant’s guilt and revoke his community

supervision. On January 29, 2026, the trial court signed an order modifying the conditions of 04-26-00177-CR

appellant’s community supervision. The next day, the State withdrew its motion to adjudicate guilt

and revoke community supervision. On February 26, 2026, appellant filed a notice of appeal.

“[A]ppeals from the modification of terms of deferred adjudication, like appeals from the

modification of terms of probation, are not authorized by the legislature.” Quaglia v. State, 906

S.W.2d 112, 113 (Tex. App.—San Antonio 1995, no pet.). “If anything, the decision to modify the

appellant’s deferred adjudication instead of proceeding with adjudication was part of the decision

whether to proceed with an adjudication of guilt, for which appeal is expressly forbidden.” Id.

On April 8, 2026, we issued an order advising appellant we lacked jurisdiction over this

appeal. We ordered appellant to show cause in writing why this appeal should not be dismissed

for lack of jurisdiction. Appellant did not respond. We, therefore, dismiss this appeal for lack of

jurisdiction. See id. (dismissing appeal from order modifying terms of deferred adjudication

community supervision for lack of jurisdiction).

DO NOT PUBLISH

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