Melissa Ann Benjamin v. The State of Texas Appeal from 194th Judicial District Court of Dallas County (memorandum opinion )
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Dismissed; Opinion Filed October 28, 2016. In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01220-CR MELISSA ANN BENJAMIN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 194th Judicial District Court Dallas County, Texas Trial Court Cause No. F13-24070-M MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Myers Melissa Anne Benjamin pleaded guilty to assault of a public servant, and the trial court placed her on deferred adjudication for three years. In August 2016, the State filed a motion to proceed with an adjudication of guilt, alleging that appellant violated several terms and conditions of her probation. Appellant entered an open plea of true to the allegations, and on September 27, 2016, the trial court continued her on probation. Appellant then filed this appeal. For the reasons that follow, we conclude we have no jurisdiction over the appeal. 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 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 in themselves appealable. Id. Here, there is no judgment of conviction. Rather, the trial court continued appellant on probation. Under these circumstances, we conclude we do not have jurisdiction. See id We dismiss this appeal for lack of jurisdiction. /Lana Myers/ LANA MYERS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 161220F.U05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT MELISSA ANN BENJAMIN, Appellant No. 05-16-01220-CR On Appeal from the 194th Judicial District Court, Dallas County, Texas Trial Court Cause No. F13-24070-M. Opinion delivered by Justice Myers, Justices Lang and Evans participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered this 28th day of October, 2016. –3–
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