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MEMORANDUM OPINION
No. 04-10-00265-CR
Francisco CORRALES,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 265513
Honorable Monica Guerrero, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Phylis J. Speedlin, Justice
Delivered and Filed: May 26, 2010
DISMISSED FOR LACK OF JURISDICTION
On February 13, 2009, appellant was convicted of violating a protective order and sentenced
to one year in jail. The sentence was suspended and appellant was placed on community supervision
for a period of fourteen months. On June 26, 2009, the trial court found appellant violated a
condition of community supervision and modified appellant’s community supervision. Appellant
filed a notice of appeal from the order modifying his community supervision. On September 15,
04-10-00265-CR
2009, the trial court revoked appellant’s community supervision. Appellant did not file a notice of
appeal from the order revoking his community supervision.
An order modifying community supervision is not appealable. Basaldua v. State, 558 S.W.2d
2, 5 (Tex. Crim. App. 1977). A defendant, however, may appeal an order revoking community
supervision when he is notified of the decision to revoke and “is called on” to serve a sentence in
jail or in the institutional division of the Texas Department of Criminal Justice. See TEX . CODE
CRIM . PROC. ANN . art. 42.12, § 23(b) (Vernon Supp. 2009).
Here, appellant did not appeal the order revoking his community supervision. Thus, it appears
we have no jurisdiction over this appeal. Therefore, on April 20, 2010, we ordered appellant to show
cause why this appeal should not be dismissed for lack of jurisdiction. On May 11, 2010, appellant’s
attorney filed a written response, stating he has found no authority to support jurisdiction.
Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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