Earl Andrew Castighanie v. The State of Texas Appeal from 283rd Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed January 20, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00901-CR EARL ANDREW CASTIGHANIE a/k/a EMIL ANDREW CASTIGHANIE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-52937-T MEMORANDUM OPINION Before Justices Myers, Osborne, and Carlyle Opinion by Justice Osborne On June 8, 2020, Earl Andrew Castighanie a/k/a Emil Andrew Castighanie pleaded guilty under an agreement with the State to possession with intent to deliver less than one gram of 5-FLUORO MDMB-PICA. The trial court deferred adjudication of guilt, placing him on deferred adjudication community supervision for three years. On July 13, 2020, the State filed a motion to proceed with adjudication of guilt, alleging appellant violated various conditions of probation. Following a hearing, the trial court denied the State’s motion and continued appellant on deferred adjudication probation. Appellant’s notice of appeal from that decision was filed on September 30, 2020. On January 4, 2021, we notified the parties that, after reviewing the clerk’s record, it appeared the Court lacked jurisdiction and asked for letter briefs. Both appellant and the State filed letter briefs, agreeing that the Court lacked 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 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. /Leslie Osborne/ LESLIE OSBORNE JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 200901F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT EARL ANDREW CASTIGHANIE, Appellant No. 05-20-00901-CR On Appeal from the 283rd Judicial District Court, Dallas County, Texas Trial Court Cause No. F20-52937-T. Opinion delivered by Justice Osborne. Justices Myers and Carlyle 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 January 20, 2021 –3–
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