Pete Mendez v. State

i i i i i i MEMORANDUM OPINION No. 04-09-00666-CR Pete MENDEZ, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 253757 Honorable Monica E. Guerrero, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: December 16, 2009 DISMISSED FOR LACK OF JURISDICTION Based on our review of the record, it appears that appellant is seeking to appeal the trial court’s order modifying the conditions of his probation. An order modifying the terms and conditions of probation is not an appealable order. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). By order dated November 9, 2009, appellant was ordered to show cause in writing no later than fifteen days from the date of our order why this appeal should not be dismissed 04-09-00666-CR for want of jurisdiction. On December 2, 2009, appellant’s attorney responded and agreed that the order is not an appealable order. The appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-