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Castighanie v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 20, 2021
No. 05-20-00901-CR (Tex. App. Jan. 20, 2021)

Opinion

No. 05-20-00901-CR

01-20-2021

EARL ANDREW CASTIGHANIE a/k/a EMIL ANDREW CASTIGHANIE, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F20-52937-T

MEMORANDUM OPINION

Before Justices Myers, Osborne, and Carlyle
Opinion by Justice Osborne

On June 8, 2020, Earl Andrew Castighanie a/k/a Emil Andrew Castighanie pleaded guilty under an agreement with the State to possession with intent to deliver less than one gram of 5-FLUORO MDMB-PICA. The trial court deferred adjudication of guilt, placing him on deferred adjudication community supervision for three years. On July 13, 2020, the State filed a motion to proceed with adjudication of guilt, alleging appellant violated various conditions of probation. Following a hearing, the trial court denied the State's motion and continued appellant on deferred adjudication probation. Appellant's notice of appeal from that decision was filed on September 30, 2020. On January 4, 2021, we notified the parties that, after reviewing the clerk's record, it appeared the Court lacked jurisdiction and asked for letter briefs. Both appellant and the State filed letter briefs, agreeing that the Court lacked jurisdiction.

As a general rule, an appellate court may consider appeals by criminal defendants only after conviction. Wright v. State, 969 S.W.2d 588, 589 (Tex. App.—Dallas 1998, no pet.). With regard to deferred adjudication, the Texas Legislature has authorized appeal of only two types of orders: (1) an order granting deferred adjudication, and (2) an order imposing punishment accompanying an adjudication of guilt. Davis v. State, 195 S.W.3d 708, 711 (Tex. Crim. App. 2006). Orders modifying the terms or conditions of deferred adjudication are not in themselves appealable. Id.

Here, there is no judgment of conviction; rather, the trial court continued appellant on deferred adjudication. Under these circumstances, we do not have jurisdiction. See id.

We dismiss this appeal for lack of jurisdiction.

/Leslie Osborne/

LESLIE OSBORNE

JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200901F.U05

JUDGMENT

On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F20-52937-T.
Opinion delivered by Justice Osborne. Justices Myers and Carlyle participating.

Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered January 20, 2021


Summaries of

Castighanie v. State

Court of Appeals Fifth District of Texas at Dallas
Jan 20, 2021
No. 05-20-00901-CR (Tex. App. Jan. 20, 2021)
Case details for

Castighanie v. State

Case Details

Full title:EARL ANDREW CASTIGHANIE a/k/a EMIL ANDREW CASTIGHANIE, Appellant v. THE…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Jan 20, 2021

Citations

No. 05-20-00901-CR (Tex. App. Jan. 20, 2021)