Degetreion Latrell Scott v. State

• Court: Court of Appeals of Texas
• Decided: July 31, 2017
• Docket: 05-17-00562-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed July 31, 2017.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00562-CR

DEGETREION LATRELL SCOTT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-41943-M

MEMORANDUM OPINION Before Justices Francis, Brown, and Schenck Opinion by Justice Schenck On May 26, 2017, Degetreion Latrell Scott filed a notice of appeal and a motion to

extend the time to file his notice of appeal. In the motion, appellant states his notice of appeal

concerns an April 13, 2017 order modifying the terms and conditions of his community

supervision imposed following his placement on deferred adjudication for unauthorized use of a

motor vehicle. Appellant conceded that the Court might ultimately determine that it does not

have jurisdiction over the modification order he wished to appeal. We make that determination

today.

Rather than rule on appellant’s motion for an extension of time to file his notice of

appeal, the Court issued a letter to the parties requesting a letter brief to address whether the

Court has jurisdiction over the appeal. In his letter brief, appellant conceded that there is no

basis for the Court to exercise jurisdiction and review the trial court’s modification order. When a defendant is placed upon deferred adjudication, we have jurisdiction to review an

order granting deferred adjudication and an order adjudicating guilt. See Davis v. State, 195

S.W.3d 708, 711 (Tex. Crim. App. 2006). An order modifying the terms and conditions of

community supervision is not appealable. See id. Thus, there is no basis for the Court to extend

the time to file a notice of appeal in a case over which it has no jurisdiction. See id.; see also

Chavez v. State, 183 S.W.3d 675, 680 (Tex. Crim. App. 2006) (upon concluding it is without

jurisdiction, court of appeals must dismiss appeal without taking any further action).

Appellant’s May 26, 2017 motion for extension of time for filing his notice of appeal is

DENIED. The appeal is DISMISSED for want of jurisdiction.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

Do Not Publish TEX. R. APP. P. 47.2

170562F.U05

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

DEGETREION LATRELL SCOTT, On Appeal from the 194th Judicial District Appellant Court, Dallas County, Texas Trial Court Cause No. F15-41943-M. No. 05-17-00562-CR V. Opinion delivered by Justice Schenck. Justices Francis and Brown participating. THE STATE OF TEXAS, Appellee

Based on the Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered this 31st day of July, 2017.

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