Kaylah Majett v. State

• Court: Court of Appeals of Texas
• Decided: August 29, 2016
• Docket: 05-16-00974-CR
• Status: Published

Opinion

DISMISS; and Opinion Filed August 29, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00974-CR

KAYLAH MAJETT, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F15-23768-R

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Brown Opinion by Justice Brown Kaylah Sherrell Majett entered an open plea of guilty to credit card abuse, and the trial

court placed her on deferred adjudication for five years. In July 2016, the State filed a motion to

proceed with an adjudication of guilt, alleging appellant had violated numerous terms and

conditions of her probation. Appellant entered an open plea of true to the allegations. On August

5, 2016, the trial court denied the State’s motion to revoke and continued appellant on probation.

Appellant then filed this appeal. For the reasons that follow, we conclude we have no jurisdiction

over this appeal.

Generally, 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 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 appealable. Id. And a trial

court’s order continuing a defendant on probation is likewise not appealable. See Basaldua v.

State, 558 S.W.2d 2, 5 (Tex. Crim. App. 1977).

Here, there is no judgment of conviction. Rather, the trial court continued appellant on

probation. Under these circumstances, we do not have jurisdiction. See id.

We dismiss this appeal for lack of jurisdiction.

/Ada Brown/ ADA BROWN JUSTICE

Do Not Publish TEX. R. APP. P. 47

160974F.U05

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

KAYLAH MAJETT, Appellant On Appeal from the 265th Judicial District Court, Dallas County, Texas No. 05-16-00974-CR V. Trial Court Cause No. F15-23768-R. Opinion delivered by Justice Brown, Justices THE STATE OF TEXAS, Appellee Lang-Miers and Evans participating.

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

Judgment entered this 29th day of August, 2016.

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