Shelby David Alvarez v. The State of TexasAppeal from 437th Judicial District Court of Bexar County (memorandum opinion per curiam)
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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00416-CR Shelby David ALVAREZ, Appellant v. The STATE of The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2010CR8598 Honorable Ernie Glenn, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: July 31, 2013 DISMISSED FOR LACK OF JURISDICTION On August 7, 2012, Shelby David Alvarez was placed on deferred adjudication community supervision in accordance with his plea-bargain agreement. On May 23, 2013, the terms of his conditions of community supervision were amended. Alvarez has now filed a notice of appeal with respect to this May 23, 2013, order. However, modification of the terms of deferred adjudication, like appeals from the modification of terms of probation, are not authorized by the legislature. Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App. San Antonio 1995, no pet.). If anything, the decision to modify the appellant s deferred adjudication instead of proceeding with adjudication 04-13-00416-CR was part of the decision whether to proceed with an adjudication of guilt, for which appeal is expressly forbidden. Id. Thus, it appears that we have no jurisdiction over this appeal. We therefore ordered Alvarez to show cause why this appeal should not be dismissed for lack of jurisdiction. His lawyer has filed a written response agreeing that we lack jurisdiction over this appeal. This appeal is therefore dismissed for lack of jurisdiction. PER CURIAM Do not publish -2-
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