Jerry L. Massey v. the State of Texas
Jerry L. Massey v. the State of Texas
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00763-CR & 04-23-00764-CR Jerry L. MASSEY, Appellant v. The STATE of Texas, Appellee From the 437th Judicial District Court, Bexar County, Texas Trial Court No. 2023CR4026W & 2023CR4027W Honorable Joel Perez, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: October 11, 2023 DISMISSED FOR LACK OF JURISDICTION Pursuant to a plea bargain, appellant was placed on community supervision in June 2023.
On July 19, 2023, the trial court signed an “Order Amending Conditions of Community Supervision.” On August 9, 2023, appellant filed a pro se notice of appeal, appealing the trial court’s order. Because this court does not have jurisdiction to consider an appeal from an order altering or modifying the conditions of community supervision, we ordered appellant to show cause why this appeal should not be dismissed. See Davis v. State, 195 S.W.3d 708, 710-11 (Tex. 04-23-00763-CR & 04-23-00764-CR
Crim. App. 2006); 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.).
Appellant’s counsel filed a response “agree[ing]” this court “does not have jurisdiction.”
He contended, however, he was moving for reconsideration in the trial court and moved this court to stay the appeal and remand the case to the trial court for his reconsideration motion. Appellant also concedes the trial court still has jurisdiction because appellant was on deferred adjudication and no final judgment had been entered in the case.
Accordingly, we deny appellant’s motion for a stay and dismiss appeal nos. 04-23-00763- CR & 04-23-00764-CR for lack of jurisdiction.
PER CURIAM DO NOT PUBLISH
-2-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.