Elizabeth Anne Herbst v. The State of Texas Appeal from 187th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00527-CR Elizabeth Anne HERBST, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2018CR10291W Honorable Stephanie R. Boyd, Judge Presiding PER CURIAM Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice Delivered and Filed: September 18, 2019 DISMISSED FOR LACK OF JURISDICTION On October 2, 2018, appellant was placed on deferred adjudication community supervision in accordance with a plea-bargain agreement. On July 9, 2019, the trial court held a hearing on the State’s first amended motion to adjudicate guilt and revoke appellant’s community supervision. The trial court denied the State’s motion and modified the conditions of appellant’s deferred adjudication community supervision. On July 25, 2019, appellant filed a notice of appeal, seeking to appeal the trial court’s order modifying the conditions of her deferred adjudication community supervision. 04-19-00527-CR “[A]ppeals from the modification of 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.); see Davis v. State, 195 S.W.3d 708, 711 (Tex. Crim. App. 2006) (noting “an order modifying the terms or conditions of deferred adjudication is not in itself appealable.”). Because it appeared that we lacked jurisdiction over this appeal, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant’s counsel filed a response acknowledging that this court lacks jurisdiction over this appeal. Accordingly, this appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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