Brooke McCann Jordan v. the State of Texas

Dismiss and Opinion Filed August 2, 2022
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00722-CR
BROOKE MCCANN JORDAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-84889-2019
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Garcia
Opinion by Justice Molberg
On December 11, 2020, after Brooke McCann Jordan pleaded guilty to
aggravated assault with a deadly weapon, the trial court deferred adjudication of
guilt for seven years. On May 6, 2022, the State filed a motion to proceed with an
adjudication of guilt, alleging appellant had violated conditions of his probation. On
July 7, 2022, the trial court modified the conditions of his community supervision
and continued appellant on probation until December 10, 2027. Appellant’s notice
of appeal, dated July 7, 2022, was filed in this Court on July 26, 2022.
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 is no judgment of conviction. Rather, the trial court modified the
terms and continued appellant on probation. We do not have jurisdiction over an
order modifying the terms of community supervision or continuing a defendant on
community supervision. See id.We dismiss this appeal for lack of jurisdiction.
/Ken Molberg//
220722f.u05 KEN MOLBERG
Do Not Publish JUSTICE
TEX. R. APP. P. 47.2(b)
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BROOKE MCCANN JORDAN, On Appeal from the 380th Judicial
Appellant District Court, Collin County, Texas
Trial Court Cause No. 380-84889-
No. 05-22-00722-CR V. 2019.
Opinion delivered by Justice
THE STATE OF TEXAS, Appellee Molberg. Justices Reichek and
Garcia participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered this 2nd day of August, 2022.
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