Brandin Nicole Vaughn v. The State of Texas Appeal from 291st Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
Dismissed and Opinion Filed June 6, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00561-CR BRANDIN NICOLE VAUGHN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F16-23285-U MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Francis Brandin Nicole Vaughn pleaded guilty to possession of a controlled substance and, on September 26, 2016, the trial court placed her on deferred adjudication for five years. In March 2018, the State filed a motion to proceed with an adjudication of guilt, alleging appellant had violated numerous terms and conditions of her probation. On April 26, 2018, the trial court modified certain conditions of her probation, extended the terms of her deferred adjudication by one year, and continued appellant on deferred adjudication. 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 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 is no judgment of conviction; rather, the trial court continued appellant on deferred adjudication. Under these circumstances, we do not have jurisdiction. See id. We dismiss this appeal for lack of jurisdiction. /Molly Francis/ MOLLY FRANCIS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 180561F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BRANDIN NICOLE VAUGHN, Appellant No. 05-18-00561-CR On Appeal from the 291st Judicial District Court, Dallas County, Texas Trial Court Cause No. F16-23285-U. Opinion delivered by Justice Francis, Justices Fillmore and Whitehill 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 June 6, 2018. –3–
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
