Paula Vargas v. State

Court of Appeals of Texas

Paula Vargas v. State

DecidedSeptember 11, 2002

Docket04-02-00421-CR

StatusPublished

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Paula Vargas v. State, (Tex. Ct. App. 2002).

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No. 04-02-00421-CR Paula VARGAS, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-5439 Honorable Mark R. Luitjen, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 11, 2002

DISMISSED FOR LACK OF JURISDICTION

On January 30, 2001, the trial court suspended appellant's sentence for theft. On May 8, 2002, the trial court modified the terms of appellant's probation, and appellant brought this appeal. On July 18, 2002, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because modification of probation is not appealable at the time of modification. See Tex. Code Crim. Proc. Ann. art. 42.12 § 23(b) (Vernon Supp. 2002); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Appellant's appointed counsel failed to respond to our order; however, appellant's counsel had previously filed an Anders brief. Because we lack jurisdiction over this appeal, we dismiss the appeal for want of jurisdiction and order that counsel's Anders brief and motion to withdraw be stricken.

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No. 04-02-00421-CR Paula VARGAS, Appellant v. The STATE of Texas, Appellee From the 144th Judicial District Court, Bexar County, Texas Trial Court No. 2000-CR-5439 Honorable Mark R. Luitjen, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: September 11, 2002

DISMISSED FOR LACK OF JURISDICTION

On January 30, 2001, the trial court suspended appellant's sentence for theft. On May 8, 2002, the trial court modified the terms of appellant's probation, and appellant brought this appeal. On July 18, 2002, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because modification of probation is not appealable at the time of modification. See Tex. Code Crim. Proc. Ann. art. 42.12 § 23(b) (Vernon Supp. 2002); Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Appellant's appointed counsel failed to respond to our order; however, appellant's counsel had previously filed an Anders brief. Because we lack jurisdiction over this appeal, we dismiss the appeal for want of jurisdiction and order that counsel's Anders brief and motion to withdraw be stricken.

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