Sylvia C. Price v. The State of Texas--Appeal from 175th Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00433-CR
Sylvia C. PRICE,
Appellant
v.
The STATE of Texas,
Appellee
From the 175th Judicial District Court, Bexar County, Texas
Trial Court No. 2002-CR-5184
Honorable Mary Rom n, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Paul W. Green, Justice

Delivered and Filed: August 4, 2004

DISMISSED FOR LACK OF JURISDICTION

Appellant filed a motion for leave to file a late notice of appeal in this court, stating that sentence was imposed on March 29, 2004. The district clerk's records, however, show that on March 29, 2004, the trial court entered an order continuing appellant's probation but modifying her conditions. This court does not have jurisdiction to consider an appeal of an order modifying regular probation. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Even if this court had jurisdiction, appellant failed to file a timely notice of appeal in the trial court. See Tex. R. App. P. 26.2(a)(1); Rivera v. State, 940 S.W.2d 148 (Tex. App.--San Antonio 1996, no pet.).

On June 28, 2004, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. This appeal is dismissed for lack of jurisdiction. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); Basaldua v. State, 558 S.W.2d at 5.

PER CURIAM

DO NOT PUBLISH