Lisa Ann Arenas v. The State of Texas Appeal from Criminal District Court No. 4 of Dallas County (memorandum opinion)

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Dismissed and Opinion Filed April 20, 2017 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-17-00353-CR No. 05-17-00354-CR No. 05-17-00355-CR LISA ANN ARENAS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause Nos. F15-76816-K, F15-59860-K & F15-59861-K MEMORANDUM OPINION Before Justices Francis, Brown, and Schenck Opinion by Justice Francis Lisa Ann Arenas entered open pleas of guilty to three counts of aggravated robbery, and the trial court placed her on deferred adjudication for five years in each case and assessed a fine of $1500 in 05-17-00354-CR (trial court cause number F15-59860-K). In February 2017, the State filed motions to proceed with an adjudication of guilt, alleging appellant had violated numerous terms and conditions of her probation. Appellant entered open pleas of true to the allegations. On February 28, 2017, the trial court modified certain conditions of probation and continued appellant on deferred adjudication. Appellant then filed these appeals. For the reasons that follow, we conclude we have no jurisdiction over the appeals. 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 are no judgments of conviction. Rather, the trial court continued appellant on deferred adjudication in each case. Under these circumstances, we do not have jurisdiction. See id. We dismiss these appeals for lack of jurisdiction. /Molly Francis/ MOLLY FRANCIS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 170353F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LISA ANN ARENAS, Appellant No. 05-17-00353-CR On Appeal from the Criminal District Court No. 4, Dallas County, Texas Trial Court Cause No. F15-76816-K. Opinion delivered by Justice Francis, Justices Brown and Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered April 20, 2017. –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LISA ANN ARENAS, Appellant No. 05-17-00354-CR On Appeal from the Criminal District Court No. 4, Dallas County, Texas Trial Court Cause No. F15-59860-K. Opinion delivered by Justice Francis, Justices Brown and Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered April 20, 2017. –4– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LISA ANN ARENAS, Appellant No. 05-17-00355-CR On Appeal from the Criminal District Court No. 4, Dallas County, Texas Trial Court Cause No. F15-59861-K. Opinion delivered by Justice Francis, Justices Brown and Schenck participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for want of jurisdiction. Judgment entered April 20, 2017. –5–

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