Mariah Barker v. State

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Do Not Publish JUSTICE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.
Judgment entered this 22nd day of April, 2021.
–4–