Frederick Mitchell v. State

Dismissed and Opinion Filed November 27, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01408-CR
FREDERICK MITCHELL, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2
Dallas County, Texas
Trial Court Cause No. F18-56989-I
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Evans
Opinion by Justice Molberg
Frederick Mitchell pleaded guilty to possession of less than one gram of methamphetamine,
and the trial court placed him on deferred adjudication for three years. In September 2019, the
State filed a motion to proceed with an adjudication of guilt, alleging appellant had violated
numerous terms and conditions of his probation. On September 20, 2019, the trial court continued
appellant on probation, modifying the terms to include participation in a treatment program.
Appellant filed a notice of appeal on October 29, 2019.
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 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.
/Ken Molberg//
KEN MOLBERG
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
191408f.u
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FREDERICK MITCHELL, Appellant On Appeal from the Criminal District Court
No. 2, Dallas County, Texas
No. 05-19-01408-CR V. Trial Court Cause No. F18-56989-I.
Opinion delivered by Justice Molberg,
THE STATE OF TEXAS, Appellee Justices Reichek and Evans participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 27th day of November, 2019.
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