Randon Lee Foley v. State, 06-17-00037-CR

Randon Lee Foley pled guilty to bail jumping and failure to appear under a plea agreement that recommended ten years’ deferred-adjudication community supervision.
On October 14, 2011, the trial court accepted the plea and placed Foley on deferred adjudication community supervision.
The State filed a motion to adjudicate on June 3, 2016, alleging violations of supervision conditions.
On December 16, 2016, the trial court overruled the motion to adjudicate and instead modified Foley’s community-supervision terms and conditions.
Foley filed a notice of appeal from the December 16, 2016 order on January 17, 2017.
The Court of Appeals notified Foley of a potential jurisdictional defect and, receiving no response, concluded it lacked jurisdiction and dismissed the appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether an order modifying deferred-adjudication conditions is appealable	Foley seeks appellate review of the December 16, 2016 order	State contends the modification order is not an appealable judgment under Texas law	The court held it is not appealable and dismissed for lack of jurisdiction

Galitz v. State, 617 S.W.2d 949 (Tex. Crim. App. 1981) (appeals exist only as authorized by the Legislature)
Gutierrez v. State, 307 S.W.3d 318 (Tex. Crim. App. 2010) (criminal appeals generally from written judgments of conviction)
Basaldua v. State, 558 S.W.2d 2 (Tex. Crim. App. 1977) (deferred-adjudication appealability context informing limitations)
Rickels v. State, 108 S.W.3d 900 (Tex. Crim. App. 2003) (deferred-adjudication principles limiting appeals)
Davis v. State, 195 S.W.3d 708 (Tex. Crim. App. 2006) (holding orders modifying terms or conditions of deferred adjudication are not appealable)