Michael Talmadge v. State

• Court: Court of Appeals of Texas
• Decided: June 22, 2016
• Docket: 04-16-00285-CR
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-16-00285-CR

Michael TALMADGE, Appellant

v.

The STATE of Texas, Appellee

From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2013CR10180 Honorable Steve Hilbig, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Jason Pulliam, Justice

Delivered and Filed: June 22, 2016

DISMISSED FOR WANT OF JURISDICTION

Appellant Michael Talmadge pled no contest to possession of less than one gram of

methamphetamine. On April 15, 2014, Appellant’s adjudication of guilt was deferred and he was

placed on community supervision. On April 14, 2015, and February 9, 2016, the trial court

amended Appellant’s community supervision conditions. Appellant now seeks to appeal from the

trial court’s February 9, 2016 order modifying the conditions of his deferred adjudication.

On May 9, 2016, we notified Appellant that “an order modifying the terms or conditions

of deferred adjudication is not in itself appealable.” Davis v. State, 195 S.W.3d 708, 711 (Tex. 04-16-00285-CR

Crim. App. 2006) (citing Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977)). We ordered

Appellant to show cause in writing why his appeal should not be dismissed for want of jurisdiction.

To date, no response has been filed.

Because the order modifying the terms of Appellant’s deferred adjudication is not an

appealable order, we dismiss this appeal for want of jurisdiction. See Davis, 195 S.W.3d at 711.

DO NOT PUBLISH

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