CourtListener 10875353•Kimberly Caracheo v. the State of Texas
Texte intégral
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00119-CR
Kimberly CARACHEO,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2024-CR-008868W
Honorable Christine Del Prado, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Irene Rios, Justice
Velia J. Meza, Justice
Delivered and Filed: June 10, 2026
DISMISSED FOR WANT OF JURISDICTION
On January 21, 2026, appellant filed a pro se notice of appeal stating that she was appealing
the trial court’s judgment of final conviction. Upon review of the clerk’s record, appellant was
granted deferred adjudication on September 20, 2024, which was modified on October 28, 2025.
This court does not have jurisdiction to consider an appeal from an order modifying conditions of
deferred adjudication. See McGee v. State, No. 05-12-01684-CR, 2013 WL 1729462, at *1 (Tex.
App.—Dallas Apr. 22, 2013, no pet.) (mem. op., not designated for publication) (holding that a
04-26-00119-CR
“trial court’s order denying appellant’s motion for a sentence reduction is not one of the
enumerated appealable orders.”); see also Quaglia v. State, 906 S.W.2d 112, 113 (Tex. App.—
San Antonio 1995, no pet.) (holding that modifications of terms of deferred adjudication are not
appealable). Furthermore, the record was devoid of the trial court’s certification of defendant’s
right of appeal as required by Texas Rule of Appellate Procedure 25.2(a)(2), (d).
On April 10, 2026, we ordered appellant to show cause, in writing, no later than April 30,
2026, why this appeal should not be dismissed for want of jurisdiction. Our order cautioned
appellant that if she did not respond within the time provided, this appeal would be dismissed for
want of jurisdiction. To date, appellant has not responded.
Accordingly, this appeal is dismissed for want of jurisdiction.
PER CURIAM
DO NOT PUBLISH
-2-
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