Earl Andrew Castighanie v. State

DISMISS and Opinion Filed January 20, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00901-CR
EARL ANDREW CASTIGHANIE a/k/a EMIL ANDREW CASTIGHANIE,
Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F20-52937-T
MEMORANDUM OPINION
Before Justices Myers, Osborne, and Carlyle
Opinion by Justice Osborne
On June 8, 2020, Earl Andrew Castighanie a/k/a Emil Andrew Castighanie
pleaded guilty under an agreement with the State to possession with intent to deliver
less than one gram of 5-FLUORO MDMB-PICA. The trial court deferred
adjudication of guilt, placing him on deferred adjudication community supervision
for three years. On July 13, 2020, the State filed a motion to proceed with
adjudication of guilt, alleging appellant violated various conditions of probation.
Following a hearing, the trial court denied the State’s motion and continued
appellant on deferred adjudication probation. Appellant’s notice of appeal from that
decision was filed on September 30, 2020. On January 4, 2021, we notified the
parties that, after reviewing the clerk’s record, it appeared the Court lacked
jurisdiction and asked for letter briefs. Both appellant and the State filed letter briefs,
agreeing that the Court lacked 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
has authorized appeal of only two types of orders: (1) an order granting deferred
adjudication, and (2) an order imposing punishment accompanying 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 deferred adjudication. Under these circumstances, we do not have
jurisdiction. See id.We dismiss this appeal for lack of jurisdiction.
/Leslie Osborne/
LESLIE OSBORNE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200901F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
EARL ANDREW CASTIGHANIE, On Appeal from the 283rd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F20-52937-T.
No. 05-20-00901-CR V. Opinion delivered by Justice
Osborne. Justices Myers and Carlyle
THE STATE OF TEXAS, Appellee participating.
Based on the Court’s opinion of this date, we DISMISS this appeal for want
of jurisdiction.
Judgment entered January 20, 2021
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