Amber Jack v. State

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00448-CR
Amber JACK,
Appellant
v.
The STATE of Texas,
Appellee
From the 290th Judicial District Court, Bexar County, Texas
Trial Court No. 2017CR13552
Honorable Jennifer Pena, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Beth Watkins, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: October 21, 2020
DISMISSED FOR LACK OF JURISDICTION
On May 29, 2018, appellant Amber Jack was convicted of possession of a controlled
substance and sentenced to eight years deferred adjudication community supervision. On March
20, 2019, the State filed a motion to revoke appellant’s community supervision, and on July 30,
2020, the trial court denied the State’s motion and modified the conditions of appellant’s
community supervision. On September 3, 2020, appellant filed a notice of appeal, seeking to
appeal the trial court’s order modifying the conditions of her community supervision.
04-20-00448-CR
Modification of community supervision is not appealable at the time of modification. See
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.”);
Basaldua v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977); Quaglia v. State, 906 S.W.2d 112,
113 (Tex. App.—San Antonio 1995, no pet.). A defendant may appeal the judgment at the time
she is placed on community supervision or an order revoking her community supervision. TEX.
CODE CRIM. PROC. ANN. art. 42.12, § 23(b); Quaglia, 906 S.W.2d at 113. Here, appellant did not
timely appeal from the judgment placing her on community supervision, and the clerk’s record
does not contain an order revoking her community supervision. Because it appeared we did not
have jurisdiction over this appeal, we ordered appellant to show cause why this appeal should not
be dismissed for lack of jurisdiction. Appellant filed a response conceding the trial court’s
modification order is not an appealable order. We therefore dismiss this appeal for lack of
jurisdiction.
PER CURIAM
DO NOT PUBLISH
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