Mariah Barker v. State

• Court: Court of Appeals of Texas
• Decided: April 22, 2021
• Docket: 05-21-00200-CR
• Status: Published

Opinion

Dismissed and Opinion Filed April 22, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00199-CR No. 05-21-00200-CR MARIAH BARKER, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause Nos. F19-35335-T & F19-35336-T

MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Molberg On May 7, 2020, after Mariah Barker pleaded guilty to possession of

methamphetamine and possession of cocaine, the trial court deferred adjudication of

guilt for four years. Thereafter, the State filed motions to proceed with an

adjudication of guilt in each case, alleging appellant had violated numerous terms

and conditions of her probation. On March 17, 2021, the trial court continued

appellant on probation for an additional year and modified the conditions of her

community supervision in each case. Appellant’s notices of appeal, dated March 22,

2021, were filed in this Court on March 29, 2021. 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.

Here, there are no judgments of conviction. Rather, the trial court continued

appellant on probation in each case. We do not have jurisdiction over an order

continuing a defendant on community supervision. See id.

We dismiss these appeals for lack of jurisdiction.

210199f.u05 /Ken Molberg/ 210200f.u05 KEN MOLBERG Do Not Publish JUSTICE TEX. R. APP. P. 47.2(b)

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

MARIAH BARKER, Appellant On Appeal from the 283rd Judicial District Court, Dallas County, Texas No. 05-21-00199-CR V. Trial Court Cause No. F19-35335-T. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Goldstein and Smith participating.

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

Judgment entered this 22nd day of April, 2021.

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

MARIAH BARKER, Appellant On Appeal from the 283rd Judicial District Court, Dallas County, Texas No. 05-21-00200-CR V. Trial Court Cause No. F19-35336-T. Opinion delivered by Justice THE STATE OF TEXAS, Appellee Molberg. Justices Goldstein and Smith participating.

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

–4–