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

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i i i i i i MEMORANDUM OPINION No. 04-10-00265-CR Francisco CORRALES, Appellant v. The STATE of Texas, Appellee From the County Court at Law No. 7, Bexar County, Texas Trial Court No. 265513 Honorable Monica Guerrero, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: May 26, 2010 DISMISSED FOR LACK OF JURISDICTION On February 13, 2009, appellant was convicted of violating a protective order and sentenced to one year in jail. The sentence was suspended and appellant was placed on community supervision for a period of fourteen months. On June 26, 2009, the trial court found appellant violated a condition of community supervision and modified appellant s community supervision. Appellant filed a notice of appeal from the order modifying his community supervision. On September 15, 04-10-00265-CR 2009, the trial court revoked appellant s community supervision. Appellant did not file a notice of appeal from the order revoking his community supervision. An order modifying community supervision is not appealable. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). A defendant, however, may appeal an order revoking community supervision when he is notified of the decision to revoke and is called on to serve a sentence in jail or in the institutional division of the Texas Department of Criminal Justice. See TEX . CODE CRIM . PROC. ANN . art. 42.12, § 23(b) (Vernon Supp. 2009). Here, appellant did not appeal the order revoking his community supervision. Thus, it appears we have no jurisdiction over this appeal. Therefore, on April 20, 2010, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. On May 11, 2010, appellant s attorney filed a written response, stating he has found no authority to support jurisdiction. Accordingly, this appeal is dismissed for lack of jurisdiction. PER CURIAM DO NOT PUBLISH -2-

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