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Kinser v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2021
No. 05-21-00699-CR (Tex. App. Aug. 30, 2021)

Opinion

05-21-00699-CR 05-21-00700-CR

08-30-2021

LINDSEY KINSER, Appellant v. THE STATE OF TEXAS, Appellee


Do Not Publish TEX. R. APP. P. 47.2(b)

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F19-25055-X & F18-41626-X

Before Justices Molberg, Goldstein, and Smith

MEMORANDUM OPINION

CRAIG SMITH JUSTICE

On August 16, 2021, Lindsey Kinser's notices of appeals were filed in the above appeals. According to the notices, appellant sought to appeal the trial court's July 20, 2021 order continuing appellant on probation in each case. Several other documents were filed along with the notices, including the trial court's August 4, 2021 order granting appellant's motion to withdraw her appeals and August 4, 2021 judgments adjudicating guilt in each case.

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 regards 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. Because appellant's notices of appeal challenge the trial court's July 20, 2021 orders continuing her on probation, we lack jurisdiction over the appeals.

To the extent the trial court signed an order granting appellant's motion to withdraw her appeals, we note that the rules of appellate procedure provide that "[a]t any time before the appellate court's decision, the appellate court may dismiss the appeal upon the appellant's motion." TEX. R. APP. P. 42.2(a) (emphasis added). In other words, the trial court lacked authority to dismiss our appeals.

We dismiss these appeals.

JUDGMENT

Based on the Court's opinion of this date, we DISMISS this appeal.


Summaries of

Kinser v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 30, 2021
No. 05-21-00699-CR (Tex. App. Aug. 30, 2021)
Case details for

Kinser v. State

Case Details

Full title:LINDSEY KINSER, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 30, 2021

Citations

No. 05-21-00699-CR (Tex. App. Aug. 30, 2021)