Lindsey Kinser v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 30, 2021
• Docket: 05-21-00700-CR
• Status: Published

Opinion

DISMISS and Opinion Filed August 30, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00699-CR No. 05-21-00700-CR LINDSEY KINSER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F19-25055-X & F18-41626-X

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Smith On August 16, 2021, Lindsey Kinser’s notices of appeals were filed in the

above appeals. According to the notices, appellant sought to appeal the trial court’s

July 20, 2021 order continuing appellant on probation in each case. Several other

documents were filed along with the notices, including the trial court’s August 4,

2021 order granting appellant’s motion to withdraw her appeals and August 4, 2021

judgments adjudicating guilt in each case.

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 regards to deferred adjudication, the 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 themselves

appealable. Id. Because appellant’s notices of appeal challenge the trial court’s July

20, 2021 orders continuing her on probation, we lack jurisdiction over the appeals.

To the extent the trial court signed an order granting appellant’s motion to

withdraw her appeals, we note that the rules of appellate procedure provide that “[a]t

any time before the appellate court’s decision, the appellate court may dismiss the

appeal upon the appellant’s motion.” TEX. R. APP. P. 42.2(a) (emphasis added). In

other words, the trial court lacked authority to dismiss our appeals.

We dismiss these appeals.

/Craig Smith/ CRAIG SMITH JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 210699F.U05

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

LINDSEY KINSER, Appellant On Appeal from the Criminal District Court No. 6, Dallas County, Texas No. 05-21-00699-CR V. Trial Court Cause No. F19-25055-X. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

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

Judgment entered August 30, 2021

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

LINDSEY KINSER, Appellant On Appeal from the Criminal District Court No. 6, Dallas County, Texas No. 05-21-00700-CR V. Trial Court Cause No. F18-41626-X. Opinion delivered by Justice Smith. THE STATE OF TEXAS, Appellee Justices Molberg and Goldstein participating.

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

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