Court of Civil Appeals of Texas, 2010

Richard Barbaro v. State

Richard Barbaro v. State
Court of Civil Appeals of Texas · Decided August 31, 2010

Richard Barbaro v. State

Opinion

MEMORANDUM OPINION No. 04-10-00577-CR Ricky BARBARO, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2009-CR-0272 Honorable Ron Rangel, Judge Presiding PER CURIAM Sitting: Phylis J. Speedlin, Justice Rebecca Simmons, Justice Steven C. Hilbig, Justice Delivered and Filed: August 31, 2010 DISMISSED FOR WANT OF JURISDICTION On June 17, 2009, appellant was placed on community supervision for a period of four years. On July 7, 2010, the State filed a motion to revoke appellant=s community supervision.

On July 15, 2010, the trial court entered an order continuing appellant on community supervision, but modifying the conditions of appellant=s community supervision by ordering appellant to enter a residential treatment program. Appellant filed a notice of appeal from the trial court=s order modifying the conditions of his community supervision. This court does not 04-10-00477-CR

have jurisdiction to consider an appeal from an order altering or modifying the conditions of community supervision. See 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.). On August 18, 2010, this court issued an order for appellant to show cause on or before August 30, 2010, why this appeal should not be dismissed for lack of jurisdiction. Appellant’s counsel has filed a written response agreeing that this appeal should be dismissed. Accordingly, this appeal is dismissed for lack of jurisdiction.

PER CURIAM DO NOT PUBLISH

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