Dameon Darae Wilson v. State

• Court: Court of Appeals of Texas
• Decided: May 2, 2017
• Docket: 05-17-00357-CR
• Status: Published

Opinion

Dismissed and Opinion Filed May 2, 2017

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00357-CR No. 05-17-00358-CR DAMEON DARAE WILSON, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F15-54035-X & F17-51970-X

MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Evans Opinion by Justice Bridges Dameon Darae Wilson filed his notice of appeal in these cases on April 10, 2017,

complaining of a March 28, 2017 “conviction.” A review of appeal number 05-17-00357-CR

shows appellant pleaded nolo contendere to the charge of theft of property and was placed on

deferred adjudication in June 2016. On March 28, 2017, the trial court signed an order

modifying the conditions of appellant’s community supervision. In appeal number 05-17-00358-

CR, appellant was arraigned in February 2017 on a charge of family violence but to date, he has

not been tried or convicted of that offense. We dismiss these appeals for lack of jurisdiction.

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 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 appealable. Id.

Here, there are no judgments of conviction. In appeal number 05-17-00357-CR, the trial

court continued appellant on deferred adjudication; in appeal number 05-17-00358-CR, appellant

has not (1) entered a plea, (2) been tried for the offense, or (3) been found guilty. Under these

circumstances, we conclude we do not have jurisdiction. See id.

We dismiss these appeals for lack of jurisdiction.

/David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 170357F.U05

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

DAMEON DARAE WILSON, Appellant On Appeal from the Criminal District Court No. 6, Dallas County, Texas No. 05-17-00357-CR V. Trial Court Cause No. F15-54035-X. Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Lang-Miers and Evans participating.

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

Judgment entered May 2, 2017.

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

DAMEON DARAE WILSON, Appellant On Appeal from the Criminal District Court No. 6, Dallas County, Texas No. 05-17-00358-CR V. Trial Court Cause No. F17-51970-X. Opinion delivered by Justice Bridges, THE STATE OF TEXAS, Appellee Justices Lang-Miers and Evans participating.

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

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