Lindsey Kinser v. The State of Texas Appeal from Criminal District Court No. 6 of Dallas County (memorandum opinion)

Annotate this Case

Download PDF

DISMISS and Opinion Filed August 30, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00699-CR No. 05-21-00700-CR LINDSEY KINSER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 6 Dallas County, Texas Trial Court Cause Nos. F19-25055-X & F18-41626-X MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Smith On August 16, 2021, Lindsey Kinser’s notices of appeals were filed in the above appeals. According to the notices, appellant sought to appeal the trial court’s July 20, 2021 order continuing appellant on probation in each case. Several other documents were filed along with the notices, including the trial court’s August 4, 2021 order granting appellant’s motion to withdraw her appeals and August 4, 2021 judgments adjudicating guilt in each case. 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 regards to deferred adjudication, the 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 themselves appealable. Id. Because appellant’s notices of appeal challenge the trial court’s July 20, 2021 orders continuing her on probation, we lack jurisdiction over the appeals. To the extent the trial court signed an order granting appellant’s motion to withdraw her appeals, we note that the rules of appellate procedure provide that “[a]t any time before the appellate court’s decision, the appellate court may dismiss the appeal upon the appellant’s motion.” TEX. R. APP. P. 42.2(a) (emphasis added). In other words, the trial court lacked authority to dismiss our appeals. We dismiss these appeals. /Craig Smith/ CRAIG SMITH JUSTICE Do Not Publish TEX. R. APP. P. 47.2(b) 210699F.U05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT LINDSEY KINSER, Appellant No. 05-21-00699-CR On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F19-25055-X. Opinion delivered by Justice Smith. Justices Molberg and Goldstein participating. V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered August 30, 2021 –3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from the Criminal District Court No. 6, Dallas County, Texas Trial Court Cause No. F18-41626-X. Opinion delivered by Justice Smith. Justices Molberg and Goldstein participating. LINDSEY KINSER, Appellant No. 05-21-00700-CR V. THE STATE OF TEXAS, Appellee Based on the Court’s opinion of this date, we DISMISS this appeal. Judgment entered August 30, 2021 –4–

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.