Terry Clark Jones v. State

• Court: Court of Appeals of Texas
• Decided: December 20, 2019
• Docket: 05-19-01314-CR
• Status: Published

Opinion

Dismissed; Opinion Filed December 20, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01314-CR

TERRY CLARK JONES, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-11793-T

MEMORANDUM OPINION Before Justices Myers, Schenck, and Carlyle Opinion by Justice Carlyle On August 23, 2019, Terry Clark Jones entered a guilty plea to possession of less than one

gram of methamphetamine. The trial court placed him on deferred adjudication for three years and

assessed a $1500 probated fine. The State filed a motion to proceed with an adjudication of guilt,

alleging appellant had violated numerous terms and conditions of his probation. On October 21,

2019, the trial court continued appellant on probation. Appellant filed a notice of appeal that same

day.

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 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 or continuing a defendant on deferred

adjudication are not in themselves appealable. Id.

Here, there is no judgment of conviction. Rather, the trial court continued appellant on

probation. We do not have jurisdiction over an order continuing a defendant on community

supervision. See id. We dismiss this appeal for lack of jurisdiction.

/Cory L. Carlyle/ CORY L. CARLYLE JUSTICE

Do Not Publish TEX. R. APP. P. 47.2(b) 191314F.U05

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

TERRY CLARK JONES, Appellant On Appeal from the 283rd Judicial District Court, Dallas County, Texas No. 05-19-01314-CR V. Trial Court Cause No. F19-11793-T. Opinion delivered by Justice Carlyle. THE STATE OF TEXAS, Appellee Justices Myers and Schenck participating.

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

Judgment entered this 20th day of December, 2019.

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