Kenisha Sharron Simms v. the State of Texas

• Court: Texas Court of Appeals, 4th District (San Antonio)
• Decided: April 8, 2026
• Docket: 04-26-00090-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00090-CR

Kenisha Sharron SIMMS, Appellant

v.

The STATE of Texas, Appellee

From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2024CR1287 Honorable Kristina Escalona, Judge Presiding

PER CURIAM

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

Delivered and Filed: April 8, 2026

DISMISSED FOR LACK OF JURISDICTION

The clerk’s record has been filed in this appeal. It reflects that on May 1, 2024, appellant

was placed on deferred community supervision in accordance with her plea-bargain agreement.

On August 22, 2024, the State filed motion to enter adjudication of guilt and revoke community

supervision. On November 5, 2025, the trial court signed an order modifying the conditions of

appellant’s community supervision. On January 3, 2026, appellant filed a pro se notice of appeal. 04-26-00090-CR

“[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.

Thus, it appears that we have no jurisdiction over this appeal.

We therefore 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.

DO NOT PUBLISH

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