Ronald Guillory, Jr. v. State ( 2018 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00440-CR
    Ronald GUILLORY, Jr.,
    Appellant
    v.
    The STATE of Texas,
    Appellee
    From the 226th Judicial District Court, Bexar County, Texas
    Trial Court No. 1991CR4522
    Honorable Sid L. Harle, Judge Presiding
    PER CURIAM
    Sitting:          Rebeca C. Martinez, Justice
    Patricia O. Alvarez, Justice
    Luz Elena D. Chapa, Justice
    Delivered and Filed: August 22, 2018
    DISMISSED FOR LACK OF JURISDICTION
    Appellant attempts to appeal from an order signed on May 4, 1992. The clerk’s record
    contains an order altering and amending the conditions of probation signed on September 3, 1992.
    This court does not have jurisdiction to consider an appeal from an order altering or modifying
    community supervision conditions. 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.).
    04-18-00440-CR
    In addition, the notice of appeal—filed on June 25, 2018—is untimely. See TEX. R. APP.
    P. 26.2(a). Absent a timely notice of appeal, this court lacks jurisdiction over the appeal. See
    Slaton v. State, 
    981 S.W.2d 208
    , 210 (Tex. Crim. App. 1998) (per curiam); Olivo v. State, 
    918 S.W.2d 519
    , 522 (Tex. Crim. App. 1996).
    We therefore ordered appellant show cause in writing why this appeal should not be
    dismissed for want of jurisdiction. Appellant did not file a response. Accordingly, we dismiss this
    appeal for lack of jurisdiction.
    PER CURIAM
    Do not publish
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