Darlene Ariel Leal v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00058-CR
Darlene Ariel LEAL,
Appellant
v.
The STATE of Texas,
Appellee
From the 187th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CR7577
Honorable Raymond Angelini, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: April 4, 2018
DISMISSED FOR LACK OF JURISDICTION
On May 8, 2017, Darlene Ariel Leal was placed on deferred adjudication community
supervision in accordance with her plea-bargain agreement. On December 1, 2017, the terms of
her conditions of community supervision were amended. Leal has now filed a notice of appeal
with respect to this December 1, 2017, order. However, modification of the “terms of deferred
adjudication, like appeals from the modification of terms of probation, are not authorized by the
legislature.” Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App.—San Antonio 1995, no pet.). “If
anything, the decision to modify the appellant’s deferred adjudication instead of proceeding with
04-18-00058-CR
adjudication was part of the decision whether to proceed with an adjudication of guilt, for which
appeal is expressly forbidden.” Id.; see also Davis v. State, 195 S.W.3d 708, 710 (Tex. Crim. App.
2006) (“There is no legislative authority for entertaining a direct appeal from an order modifying
the conditions of community supervision.”). Thus, it appears that we have no jurisdiction over
this appeal.
We therefore ordered Leal to show cause why this appeal should not be dismissed for lack
of jurisdiction. No response has been filed. This appeal is therefore dismissed for lack of
jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
DO NOT PUBLISH
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