Lassiter v. State

Court of Appeals of Texas

Lassiter v. State

672 S.W.2d 632, 1984 Tex. App. LEXIS 5649

CourtCourt of Appeals of Texas

DecidedJune 7, 1984

Docket13-84-038-CR

StatusPublished

Cited by4 cases

This text of 672 S.W.2d 632 (Lassiter v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Lassiter v. State, 672 S.W.2d 632, 1984 Tex. App. LEXIS 5649 (Tex. Ct. App. 1984).

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Opinion

OPINION

NYE, Chief Justice.

Appellants seek to appeal from orders deferring adjudication and placing them on probation for six months. Both appellants were charged with possessing less than two ounces of marihuana.

As noted in McDougal v. State, 610 S.W.2d 509 (Tex.Crim.App.1981), there is no appellate review from an order deferring adjudication. If the accused is dissatisfied with the decision to defer adjudication or with the terms and conditions of the order, his proper remedy is to move for final adjudication under Art. 42.12 or 42.13 of the Code of Criminal Procedure.

Appellant argued during submission that he should be allowed an appeal under *633 TEX.CODE CRIM.PROC.ANN. art. 44.02 (Vernon Supp.1984). We disagree. Art. 44.02 allows a defendant to appeal his guilty-plea conviction under certain limited circumstances. Where adjudication is deferred as in this case, there has been no conviction. Ex parte Shillings, 641 S.W.2d 538 (Tex.Crim.App.1982). Thus, art. 44.02 is inapplicable.

Without a final adjudication of guilt, this Court lacks jurisdiction to consider the appeal. The appeal is accordingly dismissed.

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