Opinion
No. 05-20-00521-CR
05-15-2020
VIRGINIA HINOJOSA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 195th Judicial District Court Dallas County, Texas
Trial Court Cause No. F18-24491-N
MEMORANDUM OPINION
Before Justices Schenck, Molberg, and Nowell
Opinion by Justice Nowell
On May 15, 2018, after Virginia Hinojosa pleaded guilty to theft of property the value of which was less than $2,500 with two prior convictions for theft, the trial court deferred adjudication of guilt for five years with a $1,500 fine probated. Later, the State filed a motion to proceed with an adjudication of guilt, alleging appellant had violated numerous terms and conditions of her probation. On January 29, 2020, the State withdrew its motion and the trial court continued appellant on probation. Appellant's notice of appeal from that decision, dated March 11, 2020, was filed in this Court on May 7, 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.
/Erin A. Nowell/
ERIN A. NOWELL
JUSTICE Do Not Publish
TEX. R. APP. P. 47.2(b)
200521F.U05
JUDGMENT
On Appeal from the 195th Judicial District Court, Dallas County, Texas
Trial Court Cause No. F18-24491-N.
Opinion delivered by Justice Nowell. Justices Schenck and Molberg participating.
Based on the Court's opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered this 15th day of May, 2020.