Dwayne Bradley Wiatrek v. The State of Texas--Appeal from 379th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00364-CR

Dwayne Bradley WIATREK,

Appellant

v.

The STATE of Texas,

Appellee

From the 379th Judicial District Court, Bexar County, Texas

Trial Court No. 2002-CR-1608

Honorable Pat Priest, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Delivered and Filed: August 3, 2005

DISMISSED FOR WANT OF JURISDICTION

On June 7, 2002, appellant was placed on deferred adjudication community supervision for a period of ten years. On March 23, 2005, the State filed a motion to enter an adjudication of guilt and to revoke appellant s community supervision. On May 6, 2005, the trial court entered an order continuing appellant on deferred adjudication and modifying the terms of appellant s community supervision. Appellant 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 June 13, 2005, this court issued an order for appellant to show cause on or before July 11, 2005 why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. Accordingly, this appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH