Dora Elida Garcia v. The State of Texas--Appeal from 227th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00682-CR

Dora Elida GARCIA,

Appellant

v.

The STATE of Texas,

Appellee

From the 227th Judicial District Court, Bexar County, Texas

Trial Court No. 2005-CR-4049W

Honorable Philip A. Kazen, Jr., Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sarah B. Duncan, Justice

Delivered and Filed: November 9, 2005

DISMISSED FOR LACK OF JURISDICTION

Appellant s sentence was suspended on June 27, 2005, and appellant was placed on community supervision. On August 4, 2005, the terms of appellant s community supervision were modified. On September 23, 2005, appellant filed a notice of appeal. If appellant sought to appeal the judgment suspending her sentence, her notice of appeal was untimely filed. See Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996). Furthermore, this court does not have jurisdiction to consider an appeal of an order modifying the terms of community supervision. See Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).

Appellant failed to respond to this court s order dated October 12, 2005, ordering appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. The appeal is dismissed for lack of jurisdiction.

PER CURIAM

DO NOT PUBLISH