Brandon Thomas v. The State of Texas--Appeal from County Court at Law No 7 of Bexar County

MEMORANDUM OPINION

No. 04-05-00136-CR

Brandon THOMAS,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 7, Bexar County, Texas

Trial Court No. 887772

Honorable Monica Guerrero, Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Rebecca Simmons, Justice

Delivered and Filed: September 28, 2005

DISMISSED FOR LACK OF JURISDICTION

Brandon Thomas was placed on deferred adjudication community supervision for the offense of assault. The State filed a motion to enter adjudication of guilt and revoke probation. Thomas filed a motion to quash the State s motion to revoke probation which was denied. The trial court entered an order altering and amending the terms of Thomas s deferred adjudication community supervision.

On appeal, Thomas contends that the trial court erred in denying his motion to quash based on a violation of his right to counsel. The State responds that this court does not have jurisdiction to consider this appeal. Alternatively, the State asserts that Thomas s contention should fail on its merits.

A ruling on a motion to quash is an interlocutory order that this court only has jurisdiction to review after a final conviction. Williams v. State, 464 S.W.2d 842, 844 (Tex. Crim. App. 1971);

Forester v. State, No. 04-01-00729-CR, 2002 WL 287887 (Tex. App. San Antonio Feb. 28, 2002, no pet.) (not designated for publication). In this case, no final conviction has been entered. Instead, the trial court modified the terms of Thomas s deferred adjudication community supervision. This court has no jurisdiction to consider appeals from the modification of the terms of deferred adjudication. Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App. San Antonio 1995, no pet.). Accordingly, this appeal is dismissed for lack of jurisdiction.

Alma L. L pez, Chief Justice

DO NOT PUBLISH