Smith, Lacedrick v. State

Opinion

Appeal Lisniisscd, and Opinion Filed November 7, 2012

in The tppca1 Qtourt of if iitj itritt of ‘Icxa at afta No. 05-12-0061 1-CR

LACEIMUCK LASIIAWN SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 282nd Judicial District Court Dallas County, Texas Trial Court Cause No. F10—131 14—S

N’IEMORANI)UM OPINION

Before Justices Bridges, Richter, and Lang Opinion by Justice Richter

Lacedrick Lashawn Smith pleaded guilty to unauthorized use of a motor vehicle. The

trial court deferred adjudicating appellant’s guilt and placed him on two years’ community

supervision. Although the State moved to adjudicate appellant’s guilt, the trial court did not

adjudicate appellant’s guilt in this case and ultimately discharged appellant from community

supervision.

The Court now has before it the State’s motion to dismiss the appeal for want of

jurisdiction. The State asserts appellant’s April 6, 2012 notice of appeal is untimely as to the order deleriing adjudication of guilt and there was no judgment adjudicating guilt from which to

appeal. Appellant did not respond to the motion. We agree we lack jurisdiction over the appeal.

Appellant’s notice ol appeal is filedstamped April 6, 2012, which was the date he was

sentenced following the adjudication ot’ his guilt in two companion cases. Thereibre, the notice

of appeal is untimely as to the December 20. 2010 order deferring adjudication of guilt. See

TI:x. R. Ai’i’. P. 22( a)( 1) (notice ot appeal due within thirty days). And. because the trial court

did not adjudicate appellant’s guilt, but continued him on community supervision until the April

12. 2() 1 2 order discharging him from supervision, there is no judgment from which to appeal.

See Basaldua n State, 558 S.W.2d 2, 5 (Tex.Crim, App. 1977). We grant the State’s motion to

dismiss the appeal.

We dismiss the appeal for want of jurisdiction.

/ / ..

MARTIN RICHTER JUSTICE

Do Not Publish TEX.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

120611 F.U05

1 Those appeals are remain pending before the Comi as cause nos. 05-12-00609-CR and 05-12-00610-CR. and are not impacted by this dismissal. /

Qtourt of 1ppcat jf i(tlj Z)itrtt of Z cxci it LJcdLu

JUDGMENT

LACEDR ICK LASIIAWN SMITH, Appeal from the 282nd Judicial District Appellant Court of Dallas County. Texas (TrCt.No. F 10—131 14—S). No. 05—12—0061 I—CR Opinion delivered by Justice Richter, Justices Bridges and Lang participating. TIlE STATE OF TEXAS, Appellee

l3ased on the Court’s opinion of this (late, we DISMISS the appeal for want of jurisdiction.

Judgment entered November 7. 2012.

/ MARTIN RICHTER JUSTICE