CourtListener 10773430•Kimberly Caracheo v. the State of Texas
Texte intégral
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00736-CR
Kimberly CARACHEO,
Appellant
v.
The STATE of Texas,
Appellee
From the 227th Judicial District Court, Bexar County, Texas
Trial Court No. 2024-CR-4245
Honorable Christine Del Prado, Judge Presiding
PER CURIAM
Sitting: Adrian A. Spears II, Justice
H. Todd McCray, Justice
Velia J. Meza, Justice
Delivered and Filed: January 7, 2026
DISMISSED FOR LACK OF JURISDICTION
On September 20, 2024, appellant was placed on deferred adjudication community
supervision in accordance with her plea-bargain agreement. On October 28, 2025, the trial court
signed an order amending the conditions of appellant’s deferred adjudication community
supervision. On November 7, 2025, appellant filed a pro se notice of appeal.
Modification of the “terms of deferred adjudication, like appeals from the modification of
terms of probation, are not authorized by the legislature.” Quaglia v. State, 906 S.W.2d 112, 113
04-25-00736-CR
(Tex. App.—San Antonio 1995, no pet.). “If anything, the decision to modify the appellant’s
deferred adjudication instead of proceeding with adjudication was part of the decision whether to
proceed with an adjudication of guilt, for which appeal is expressly forbidden.” Id.; see Davis v.
State, 195 S.W.3d 708, 711 (Tex. Crim. App. 2006) (noting “an order modifying the terms or
conditions of deferred adjudication is not in itself appealable.”). Thus, it appears that we have no
jurisdiction over this appeal.
We therefore ordered appellant to show cause in writing why this appeal should not be
dismissed for lack of jurisdiction. Appellant’s court-appointed counsel filed a written response
stating that he agrees there is no jurisdiction over this appeal and that he has met with appellant
and explained why her appeal will be dismissed for lack of jurisdiction.
We dismiss this appeal for lack of jurisdiction.
PER CURIAM
DO NOT PUBLISH
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