Steven Velasco v. State ( 2014 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00634-CR
Steven VELASCO,
Appellant
v.
The
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR4702
Honorable Philip A. Kazen, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice 1
Delivered and Filed: December 23, 2014
DISMISSED FOR LACK OF JURISDICTION
Appellant Steven Velasco is seeking to appeal from the trial court’s order modifying the
conditions of his probation. An order modifying the conditions of probation is not appealable at
the time of the modification. A defendant may appeal the judgment placing him on probation.
TEX. CODE CRIM. PROC. ANN. art. 42.12(23)(b) (West Supp. 2014). A defendant may also appeal
an order revoking his probation. Id. Those are the two opportunities permitting an appeal in a
case involving probation. Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).
1
Not participating.
04-14-00634-CR
On September 30, 2014, this court ordered Velasco to show cause in writing no later than
October 30, 2014, why this appeal should not be dismissed for want of jurisdiction. Velasco did
not respond to our order. Accordingly, because this court lacks jurisdiction to consider an appeal
of an order modifying the conditions of probation, this appeal is dismissed for lack of jurisdiction.
Id.
PER CURIAM
DO NOT PUBLISH
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