Miguel Antonio Alvarado v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION
No. 04-07-00215-CR
Miguel Antonio ALVARADO,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 956527
Honorable Monica Guerrero, Judge Presiding

PER CURIAM

 

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Karen Angelini, Justice

 

Delivered and Filed: May 2, 2007

 

DISMISSED FOR LACK OF JURISDICTION

Appellant pled nolo contendere to violating a protective order and was placed on deferred adjudication probation. On August 22, 2006, the trial court modified the terms of Appellant's probation. Appellant now appeals from the trial court's order modifying the conditions of his probation.

Modification of probation is not appealable at the time of modification. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Furthermore, the appellant's notice of appeal was due to be filed no later than September 21, 2006; however, appellant's notice of appeal was not filed until October 9, 2006. We do not have jurisdiction to consider an appeal in the absence of a timely notice of appeal. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).

On April 2, 2007, we ordered appellant to show cause why his appeal should not be dismissed for want of jurisdiction. Appellant failed to respond.

The appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH