Opinion
No. 05-20-00616-CR
06-30-2020
JOSHUA COLLINS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court Dallas County, Texas
Trial Court Cause No. F18-71801-L
MEMORANDUM OPINION
Before Justices Bridges, Pedersen, and Evans
Opinion by Justice Pedersen
On July 24, 2019, after Joshua Collins pleaded guilty to burglary of a habitation, the trial court deferred adjudication of guilt for five years. Thereafter, the State filed a motion to proceed with an adjudication of guilt, alleging appellant had violated certain terms and conditions of his probation. On June 8, 2020, the trial court denied the State's motion and modified the conditions of appellant's community supervision. Appellant's notice of appeal, dated June 9, 2020, was filed in this Court on June 17, 2020.
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 Legislature has authorized appeal of only two types of orders: (1) an order granting deferred adjudication, and (2) an order imposing punishment pursuant to 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 themselves appealable. Id.
Here, there is no judgment of conviction. Rather, the trial court continued appellant on probation. We do not have jurisdiction over an order continuing a defendant on community supervision. See id.
We dismiss this appeal for lack of jurisdiction.
/Bill Pedersen, III//
BILL PEDERSEN, III
JUSTICE 200616f.u05
Do Not Publish
TEX. R. APP. P. 47.2(b)
JUDGMENT
On Appeal from the 265th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F-1871801-L.
Opinion delivered by Justice Pedersen, III. Justices Bridges and Evans participating.
Based on the Court's opinion of this date, we DISMISS this appeal. Judgment entered this 30th day of June, 2020.