Luis Alonso Caballero-Morales v. State

• Court: Court of Appeals of Texas
• Decided: September 28, 2020
• Docket: 05-20-00771-CR
• Status: Published

Opinion

DISMISS and Opinion Filed September 28, 2020

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00771-CR

LUIS ALONSO CABALLERO-MORALES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F14-45493-T

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Browning Opinion by Justice Browning On October 29, 2015, after Luis Alonso Caballero-Morales pleaded guilty to

possession of less than one gram of cocaine, the trial court deferred adjudication of

guilt, placing him on deferred adjudication community supervision for three years.

In July 2018, the trial court later extended appellant’s community supervision until

October 29, 2019. In August 2019, the State filed a motion to proceed with

adjudication of guilt, alleging appellant violated various conditions of probation.

Following a July 31, 2020 hearing, the trial court denied the State’s motion, modified

the terms of appellant’s community supervision, and continued him on deferred adjudication probation until October 28, 2022. Appellant’s notice of appeal from

that decision was filed on August 11, 2020.

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

has authorized appeal of only two types of orders: (1) an order granting deferred

adjudication, and (2) an order imposing punishment accompanying 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 in themselves

appealable. Id.

Here, there is no judgment of conviction; rather, the trial court continued

appellant on deferred adjudication. Under these circumstances, we do not have

jurisdiction. See id.

We dismiss this appeal for lack of jurisdiction.

/John G. Browning/ JOHN G. BROWNING JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 200771F.U05

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

LUIS ALONSO CABALLERO- On Appeal from the 283rd Judicial MORALES, Appellant District Court, Dallas County, Texas Trial Court Cause No. F14-45493-T. No. 05-20-00771-CR V. Opinion delivered by Justice Browning. Justices Molberg and THE STATE OF TEXAS, Appellee Carlyle participating.

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

Judgment entered September 28, 2020

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