Unreported / Non-Citable
Background
Lorraine Alejandre attempted to appeal a May 4, 2026 order from the 437th Judicial District Court in Bexar County altering the conditions of her community supervision. The order required her to enter an inpatient residential treatment program for at least 120 to 180 days.
The order also required Alejandre to participate in an aftercare program for at least 90 days following her release from inpatient treatment. The Fourth Court of Appeals ordered her to show cause why the appeal should not be dismissed for lack of jurisdiction, but concluded that her response did not establish grounds for continuing the appeal.
The Court’s Holding
The court dismissed the appeal for lack of jurisdiction. It held that Texas law provides no legislative authority for a direct appeal from an order altering or modifying the conditions of community supervision.
The court relied on Davis v. State, in which the Texas Court of Criminal Appeals recognized that such modification orders are not directly appealable, and Aune v. State, which dismissed an appeal involving a community-supervision condition requiring residential treatment.
Key Takeaways
- An order modifying the conditions of community supervision is not directly appealable under Texas law.
- Requiring inpatient residential treatment and subsequent aftercare constitutes a modification of community-supervision conditions.
- Because the appellate court lacked jurisdiction, it dismissed the appeal without reviewing the merits of the treatment requirements.
Why It Matters
The decision reinforces a jurisdictional limit on Texas criminal appeals: a defendant generally cannot obtain direct appellate review merely because a trial court changes the conditions of community supervision. Attorneys assessing a modification order must account for that limit before pursuing an appeal.