Victoria Dominique Lopez v. State

DISMISS and Opinion Filed May 5, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00465-CR
VICTORIA DOMINIQUE LOPEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. F15-52299-S
MEMORANDUM OPINION
Before Justices Whitehill, Osborne, and Carlyle
Opinion by Justice Osborne
On December 17, 2015, after Victoria Dominique Lopez pleaded nolo
contendere to possession of methamphetamine, the trial court deferred adjudication
of guilt for five years. Thereafter, the State filed a motion to proceed with an
adjudication of guilt, alleging appellant had violated numerous terms and conditions
of her probation. On February 17, 2020, the trial court continued appellant on
probation for two years. Appellant’s notice of appeal, dated March 13, 2020, was
filed in this Court on March 27, 2020.
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 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.
/Leslie Osborne/
LESLIE OSBORNE
JUSTICE
Do Not Publish
TEX. R. APP. P. 47.2(b)
200465F.U05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
VICTORIA DOMINIQUE LOPEZ, On Appeal from the 282nd Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. F15-52299-S.
No. 05-20-00465-CR V. Opinion delivered by Justice
Osborne. Justices Whitehill and
THE STATE OF TEXAS, Appellee Carlyle participating.
Based on the Court’s opinion of this date, we DISMISS this appeal.
Judgment entered May 5, 2020
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