Opinion
No. 05-20-00742-CR
09-18-2020
BRANDON MICHAEL PACKER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause No. F16-40480-T
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Partida-Kipness
Opinion by Justice Osborne
On July 28, 2017, after Brandon Michael Packer pleaded guilty to possession of less than one gram of heroin, the trial court deferred adjudication of guilt and placed appellant on deferred adjudication probation for two years. The trial court later extended appellant's community supervision until July 27, 2021. On June 4, 2020, the State filed a motion to proceed with adjudication of guilt, alleging appellant violated various conditions of probation. Following a July 13, 2020 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 in this Court on August 14, 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 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JUSTICE Do Not Publish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)
200742F.U05
JUDGMENT
On Appeal from the 283rd Judicial District Court, Dallas County, Texas
Trial Court Cause No. F16-40480-T.
Opinion delivered by Justice Osborne. Justices Schenck and Partida-Kipness participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered September 18, 2020