Angela Annette Riccobene v. the State of Texas

Opinion filed March 13, 2025

In The

Eleventh Court of Appeals
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No. 11-25-00022-CR
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ANGELA ANNETTE RICCOBENE, Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 441st District Court
Midland County, Texas
Trial Court Cause No. CR55867

MEMORANDUM OPINION
Appellant, Angela Annette Riccobene, pleaded guilty to the offense of theft
of property with a value of less than $2,500 with two or more previous convictions,
a state jail felony. See TEX. PENAL CODE ANN. § 31.03(a), (e)(4)(D) (West Supp.
2024). The trial court found Appellant guilty, assessed her punishment at
confinement for two years in the State Jail Division of the Texas Department of
Criminal Justice, suspended her sentence, and placed her on community supervision
for a period of three years. The State subsequently filed a motion to revoke
Appellant’s community supervision. The trial court held a hearing on the State’s
motion and found that Appellant violated the terms and conditions of her community
supervision. However, rather than revoking her community supervision, the trial
court continued Appellant on community supervision and modified its terms and
conditions. Appellant has filed a notice of appeal from the trial court’s judgment
modifying her community supervision. We dismiss the appeal.
When this appeal was docketed, we notified Appellant by letter that the order
did not appear to be a final, appealable order. We requested that Appellant respond
and show grounds to continue, and we informed her that this appeal may be
dismissed. Neither Appellant nor her counsel has filed a response.
An appellate court has jurisdiction to consider an appeal by a criminal
defendant from a final judgment of conviction or as otherwise authorized by law.
Abbott v. State, 271 S.W.3d 694, 696–97 (Tex. Crim. App. 2008). A judgment
modifying the terms of community supervision is not a final, appealable order, and
an appeal from such an order is not otherwise authorized by law. Davis v. State, 195
S.W.3d 708, 710 (Tex. Crim. App. 2006) (citing Basaldua v. State, 558 S.W.2d 2, 5
(Tex. Crim. App. 1977)); Rojo v. State, No. 11-20-00259-CR, 2020 WL 7863335,
at *1 (Tex. App.—Eastland Dec. 31, 2020, no pet.) (per curiam) (mem. op., not
designated for publication). Because the judgment from which Appellant attempts
to appeal is not a final, appealable order, we have no jurisdiction to entertain this
appeal.
Accordingly, we dismiss the appeal for want of jurisdiction.

JOHN M. BAILEY
March 13, 2025 CHIEF JUSTICE
Do not publish. See TEX. R. APP. P. 47.2(b).
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.
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