Felix Uvalle v. State

i i i i i i MEMORANDUM OPINION No. 04-09-00825-CR Felix UVALLE, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 276963 Honorable Monica Guerrero, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: March 3, 2010 DISMISSED FOR WANT OF JURISDICTION On February 6, 2009, appellant was placed on deferred adjudication community supervision for a period of twelve (12) months. On November 19, 2009, the State filed a motion to enter an adjudication of guilt and revoke appellant’s community supervision. On December 1, 2009, the trial court entered an order continuing appellant on deferred adjudication community supervision, but extending the term and modifying the conditions of appellant’s community supervision. Appellant 04-09-00825-CR filed a notice of appeal from the trial court’s order modifying the conditions of his community supervision. This court does not have jurisdiction to consider an appeal from an order altering or modifying the conditions of community supervision. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App.—San Antonio 1995, no pet.). On February 4, 2010, this court issued an order for appellant to show cause on or before February 19, 2010, why this appeal should not be dismissed for lack of jurisdiction. Appellant filed a written response agreeing that this court does not have jurisdiction. Accordingly, this appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-