Mary Elizabeth Leatherman A/K/A Mary Bethel v. State

• Court: Court of Appeals of Texas
• Decided: January 24, 2007
• Docket: 04-06-00768-CR
• Status: Published

Opinion

MEMORANDUM OPINION

No. 04-06-00768-CR

Mary Elizabeth LEATHERMAN a/k/a Mary Bethel,

Appellant

v.

The STATE of Texas,

Appellee

From the 399th Judicial District Court, Bexar County, Texas

Trial Court No. 2005-CR-9070W

Honorable Juanita Vasquez-Gardner, Judge Presiding

PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: January 24, 2007

DISMISSED FOR WANT OF JURISDICTION

On January 9, 2006, appellant was placed on deferred adjudication community supervision for a period of five years. On September 7, 2006, the State filed a motion to enter an adjudication of guilt and to revoke appellant's community supervision. On October 27, 2006, the trial court entered an order continuing appellant on deferred adjudication and modifying the terms of appellant's community supervision. Appellant filed a notice of appeal from the trial court's order modifying the conditions of her 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 December 7, 2006, this court issued an order for appellant to show cause on or before December 22, 2006 why this appeal should not be dismissed for lack of jurisdiction. Appellant's appointed counsel responded, and conceded that appellant has no right to appeal. Accordingly, this appeal is dismissed for lack of jurisdiction.

DO NOT PUBLISH