Elias Ramirez v. The State of Texas Appeal from 283rd Judicial District Court of Dallas County (memorandum opinion)
Annotate this Case
Download PDF
DISMISS and Opinion Filed September 24, 2020 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00806-CR ELIAS RAMIREZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F19-51891-T MEMORANDUM OPINION Before Justices Myers, Nowell, and Evans Opinion by Justice Evans On May 7, 2019, after Elias Ramirez pleaded guilty to possession of less than one gram of heroin, the trial court deferred adjudication of guilt, placing him on deferred adjudication community supervision for six months. The trial court later extended appellant’s community supervision until May 5, 2021. In July 2020, the State filed a motion to proceed with adjudication of guilt, alleging appellant violated various conditions of probation. Following a August 31, 2020 hearing, the trial court denied the State’s motion, modified the terms of appellant’s community supervision, and continued him on deferred adjudication probation until May 5, 2024. Appellant’s notice of appeal from that decision was filed on September 2, 2020. 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. /David Evans/ DAVID EVANS JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 200806F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT ELIAS RAMIREZ, Appellant No. 05-20-00806-CR On Appeal from the 283rd Judicial District Court, Dallas County, Texas Trial Court Cause No. F19-51891-T. Opinion delivered by Justice Evans. Justices Myers and Nowell participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal for lack of jurisdiction. Judgment entered September 24, 2020. –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.
