Brooke McCann Jordan v. State

Opinion

DISMISS; and Opinion Filed September 10, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00931-CR

BROOKE MCCANN JORDAN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F15-54880-U

MEMORANDUM OPINION Before Justices Lang, Fillmore, and Schenck Opinion by Justice Fillmore Brooke McCann Jordan filed her notice of appeal on August 10, 2018. The clerk’s record,

filed August 20, shows Jordan pleaded guilty to the offense of driving while intoxicated with two

prior convictions for driving while intoxicated. On June 3, 2016, following Jordan’s plea

agreement with the State, the trial court assessed punishment at ten years in prison, probated for

six years, and a $2,000 fine. The trial court prepared and signed a certification of the right to

appeal, stating the case was a plea bargain case and Jordan had no right to appeal. Since that time,

the State has filed several motions to revoke probation, the most recent of which was filed on

March 12, 2018. To date, the trial court has not ruled on the State’s March 12th motion.

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 cases involving “regular” probation, the Texas Legislature has authorized appeal of only

two types of orders: (1) an order granting probation, and (2) an order revoking probation. See

Davis v. State, 195 S.W.3d 708, 711 (Tex. Crim. App. 2006) (discussing Basaldua v. State, 558

S.W.2d 2, 5 (Tex. Crim. App. 1977)).

Here, the State’s motion to revoke Jordan’s probation is still pending in the trial court.

Because there is no order granting the State’s motion, we lack jurisdiction over this case.

We dismiss this appeal.

/Robert M. Fillmore/ ROBERT M. FILLMORE JUSTICE

Do Not Publish TEX.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

180931F.U05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BROOKE MCCANN JORDAN, Appellant On Appeal from the 291st Judicial District Court, Dallas County, Texas. No. 05-18-00931-CR V. Trial Court Cause No. F15-54880-U. Opinion delivered by Justice Fillmore, THE STATE OF TEXAS, Appellee Justices Lang and Schenck participating.

Based on the Court’s opinion of this date, we DISMISS the appeal for want of jurisdiction.

Judgment entered this 10th day of September, 2018.

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