Opinion
No. 05-17-00353-CR No. 05-17-00354-CR No. 05-17-00355-CR
04-20-2017
LISA ANN ARENAS, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas
Trial Court Cause Nos. F15-76816-K , F15-59860-K & F15-59861-K
MEMORANDUM OPINION
Before Justices Francis, Brown, and Schenck
Opinion by Justice Francis
Lisa Ann Arenas entered open pleas of guilty to three counts of aggravated robbery, and the trial court placed her on deferred adjudication for five years in each case and assessed a fine of $1500 in 05-17-00354-CR (trial court cause number F15-59860-K). In February 2017, the State filed motions to proceed with an adjudication of guilt, alleging appellant had violated numerous terms and conditions of her probation. Appellant entered open pleas of true to the allegations. On February 28, 2017, the trial court modified certain conditions of probation and continued appellant on deferred adjudication. Appellant then filed these appeals. For the reasons that follow, we conclude we have no jurisdiction over the appeals.
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 are no judgments of conviction. Rather, the trial court continued appellant on deferred adjudication in each case. Under these circumstances, we do not have jurisdiction. See id.
We dismiss these appeals for lack of jurisdiction.
/Molly Francis/
MOLLY FRANCIS
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
170353F.U05
JUDGMENT
On Appeal from the Criminal District Court No. 4, Dallas County, Texas
Trial Court Cause No. F15-76816-K.
Opinion delivered by Justice Francis, Justices Brown and Schenck participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered April 20, 2017.
JUDGMENT
On Appeal from the Criminal District Court No. 4, Dallas County, Texas
Trial Court Cause No. F15-59860-K.
Opinion delivered by Justice Francis, Justices Brown and Schenck participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered April 20, 2017.
JUDGMENT
On Appeal from the Criminal District Court No. 4, Dallas County, Texas
Trial Court Cause No. F15-59861-K.
Opinion delivered by Justice Francis, Justices Brown and Schenck participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered April 20, 2017.