Dameon Darae Wilson v. State ( 2017 )

Dismissed and Opinion Filed May 2, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-17-00357-CR
No. 05-17-00358-CR
DAMEON DARAE WILSON, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6
Dallas County, Texas
Trial Court Cause No. F15-54035-X & F17-51970-X
MEMORANDUM OPINION
Before Justices Bridges, Lang-Miers, and Evans
Opinion by Justice Bridges
Dameon Darae Wilson filed his notice of appeal in these cases on April 10, 2017,
complaining of a March 28, 2017 “conviction.” A review of appeal number 05-17-00357-CR
shows appellant pleaded nolo contendere to the charge of theft of property and was placed on
deferred adjudication in June 2016. On March 28, 2017, the trial court signed an order
modifying the conditions of appellant’s community supervision. In appeal number 05-17-00358-
CR, appellant was arraigned in February 2017 on a charge of family violence but to date, he has
not been tried or convicted of that offense. We dismiss these appeals for lack of jurisdiction.
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 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 appealable. Id.
Here, there are no judgments of conviction. In appeal number 05-17-00357-CR, the trial
court continued appellant on deferred adjudication; in appeal number 05-17-00358-CR, appellant
has not (1) entered a plea, (2) been tried for the offense, or (3) been found guilty. Under these
circumstances, we conclude we do not have jurisdiction. See id.
We dismiss these appeals for lack of jurisdiction.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
170357F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAMEON DARAE WILSON, Appellant On Appeal from the Criminal District Court
No. 6, Dallas County, Texas
No. 05-17-00357-CR V. Trial Court Cause No. F15-54035-X.
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Lang-Miers and Evans participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered May 2, 2017.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAMEON DARAE WILSON, Appellant On Appeal from the Criminal District Court
No. 6, Dallas County, Texas
No. 05-17-00358-CR V. Trial Court Cause No. F17-51970-X.
Opinion delivered by Justice Bridges,
THE STATE OF TEXAS, Appellee Justices Lang-Miers and Evans participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want of
jurisdiction.
Judgment entered May 2, 2017.
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