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Date: 02-16-2021
Case Style:
Parker Ray Morgan v. The State of Texas
Case Number: 04-20-00449-CR
Judge: PER CURIAM
Sitting:
Rebeca C. Martinez, Chief Justice
Liza A. Rodriguez, Justice
Lori I. Valenzuela, Justice
Court: Fourth Court of Appeals
San Antonio, Texas
Plaintiff's Attorney: Joe D. Gonzales
Defendant's Attorney:
OR
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Description:
San Antonio, Texas - Criminal defense attorney represented Parker Ray Morgan with seeking to appeal the trial court’s order modifying the conditions of his deferred adjudication community supervision..
Appellant seeks to appeal the trial court’s order modifying the conditions of his deferred
adjudication community supervision. There is no constitutional or statutory authority permitting
a direct appeal from an order modifying or refusing to modify probationary conditions. Basaldua
v. State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977). A defendant may appeal the judgment at the
time he is first placed on community supervision. TEX. CODE CRIM. PROC. ANN. art. 42A.755(e).
A defendant may also appeal the revocation of his community supervision when he is notified of
the decision to revoke and is required to serve a sentence in jail or in the Texas Department of
Criminal Justice. Id. However, modification of community supervision is not appealable at the
time of modification. Basaldua, 558 S.W.2d at 5; Roberts v. State, No. 04-11-00154-CR, 2011
WL 2150762, at *1 (Tex. App.—San Antonio May 25, 2011, pet. ref’d). We therefore issued an
order on December 31, 2020 instructing appellant to show cause why this appeal should not be
dismissed for lack of jurisdiction. Appellant’s counsel filed a response stating that appellant agrees
the appeal should be dismissed.
Outcome: Accordingly, the appeal is dismissed for want of jurisdiction
Plaintiff's Experts:
Defendant's Experts:
Comments: