Kevin Odell v. State

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00009-CR Kevin ODELL, Appellant v. The STATE of Texas, Appellee From the 186th Judicial District Court, Bexar County, Texas Trial Court No. 2010CR10875 Honorable Maria Teresa Herr, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: March 6, 2013 DISMISSED FOR LACK OF JURISDICTION On January 31, 2011, appellant Kevin Odell pled nolo contendere to the offense of driving while intoxicated and was sentenced to eight years in prison and a fine of $2000.00. Odell’s sentence was suspended, and he was placed on community supervision for eight years. Subsequently, the State filed a motion to revoke Odell’s community supervision. On December 12, 2012, the trial court signed an order modifying the terms of Odell’s community supervision. On December 31, 2012, Odell filed a notice of appeal. 04-13-00009-CR No appeal is permitted from an order modifying the terms of community supervision. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Because no appeal is permitted from an order modifying the terms of community supervision, we ordered Odell to show cause why this appeal should not be dismissed for lack of jurisdiction. Odell has filed a response in which he agrees this appeal must be dismissed for lack of jurisdiction. Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM Do not publish -2-