Manuel Schafer, Jr. v. State ( 2008 )

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MEMORANDUM OPINION
No. 04-08-00049-CR
Manuel SCHAFER, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the County Court at Law No. 7, Bexar County, Texas
Trial Court No. 205672
Honorable Monica E. Guerrero, Judge Presiding
PER CURIAM
Sitting: Alma L. López, Chief Justice
Catherine Stone, Justice
Karen Angelini, Justice
Delivered and Filed: June 25, 2008
DISMISSED FOR LACK OF JURISDICTION
Appellant was placed on deferred adjudication community supervision on March 14, 2007.
On May 7, 2007, the trial court extended the term of appellant’s community supervision. On January
24, 2008, appellant filed a motion for leave to file a late notice of appeal.
Modification of probation is not appealable at the time of modification. See Basaldua v.
State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). Moreover, the clerk’s record filed in this appeal
04-08-00049-CR
contains no indication that appellant filed a timely notice of appeal with the trial court. In order for
this court to have jurisdiction, a notice of appeal must be filed in the trial court within fifteen days
after the deadline for filing the notice of appeal and a motion for extension of time must be timely
filed in this court. Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).
On May 28, 2008, we ordered appellant to show cause in writing why this appeal should not
be dismissed for want of jurisdiction. Appellant did not respond to our order. This appeal is
dismissed for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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