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Dameon Darae Wilson v. State
05-17-00357-CR
| Tex. App. | May 2, 2017
|
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Case Information

*1 Dismissed and Opinion Filed May 2, 2017

In The No. 05-17-00357-CR No. 05-17-00358-CR V.

On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause No. F15-54035-X & F17-51970-X MEMORANDUM OPINION Before Justices Bridges, Lang-Miers, and Evans Opinion by Justice Bridges

Dameon Darae Wilson filed his notice of appeal in these cases on April 10, 2017, complaining of a March 28, 2017 “conviction.” A review of appeal number 05-17-00357-CR shows appellant pleaded nolo contendere to the charge of theft of property and was placed on deferred adjudication in June 2016. On March 28, 2017, the trial court signed an order modifying the conditions of appellant’s community supervision. In appeal number 05-17-00358- CR, appellant was arraigned in February 2017 on a charge of family violence but to date, he has not been tried or convicted of that offense. We dismiss these appeals for lack of 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 authorized appeal of only two types of *2 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 appealable. Id .

Here, there are no judgments of conviction. In appeal number 05-17-00357-CR, the trial court continued appellant on deferred adjudication; in appeal number 05-17-00358-CR, appellant has not (1) entered a plea, (2) been tried for the offense, or (3) been found guilty. Under these circumstances, we conclude we do not have jurisdiction. See id .

We dismiss these appeals for lack of jurisdiction.

/David L. Bridges/ DAVID L. BRIDGES JUSTICE Do Not Publish

T EX . R. A PP . P. 47.2(b)

170357F.U05

Case Details

Case Name: Dameon Darae Wilson v. State
Court Name: Court of Appeals of Texas
Date Published: May 2, 2017
Docket Number: 05-17-00357-CR
Court Abbreviation: Tex. App.
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