Maria Luisa Padilla v. the State of Texas

Court of Appeals of Texas·Decided January 24, 2024·No. 04-23-01063-CR·Published

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-01063-CR

Maria Luisa PADILLA,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR6445 Honorable Ron Rangel, Judge Presiding

PER CURIAM

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

Beth Watkins, Justice

Delivered and Filed: January 24, 2024 DISMISSED FOR LACK OF JURISDICTION Pursuant to a plea bargain, appellant was placed on deferred adjudication community supervision in August 2022. On August 29, 2023, the trial court signed an “Order Amending Conditions of Community Supervision.” On December 1, 2023, appellant filed a pro se notice of appeal, appearing to appeal the trial court’s order amending the conditions of community supervision. However, this court does not have jurisdiction to consider an appeal from an order altering or modifying the conditions of community supervision. See Davis v. State, 195 S.W.3d

04-23-01063-CR

708, 710-11 (Tex. 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.).

Based on the foregoing, we ordered appellant to show cause in writing no later than January 10, 2024 why this appeal should not be dismissed for lack of jurisdiction. On that day, appellant’s appointed counsel responded, explaining he could find “no certified right of appeal for appellant” and this court “must dismiss this attempted appeal.”

Accordingly, this appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH

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Related

Basaldua v. State
558 S.W.2d 2 (Court of Criminal Appeals of Texas, 1977)
Quaglia v. State
906 S.W.2d 112 (Court of Appeals of Texas, 1995)