DISMISSED and Opinion Filed May 21, 2019 

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In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05-19-00464-CR
MAYRA SIFUENTES, Appellant V. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F18-59890-Q



### MEMORANDUM OPINION Before Chief Justice Burns, Jus tice Myers, and Justice Pedersen , III Opinion by Chief Justice Burns Mayra Sifuentes filed her no tice of appeal on April 22, 2019. The clerk’s record shows that, on February 20, 2019, appellant pleaded guilty to possess ion of less than one gram of methamphetamine in exchange for the State’s recommendation she be given deferred adjudication for four years. As part of the plea bargain agreement, appella nt waived her right to appeal. That same day, the trial court accepted the plea, placed her on four years deferred adjudication probation, determined the conditi ons of community supervision, and certified that appellant had no right to appeal under the terms of the plea bargain agreemen t. On March 15, 2019, the trial court entered an order modifyi ng the conditions of her communit y supervision. Appellant’s notice of appeal states she is appealing from the “Conviction Date: Ma rch 15, 2019.” For the reasons that follow, we dismiss this appe al for want of jurisdiction. A defendant in a criminal case has the right of appeal as set o ut in the code of criminal procedure and the rules of appellate procedure. See T EX

. C ODE C RIM

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. A NN . art. 44.02); T EX

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. P. 25.2(a). In a plea-bargain case—“a case in which a defendant 's plea was guilty or nolo contendere and the punishment did not exceed the punishment rec ommended by the prosecutor–2– and agreed to by the defendant,” a defendant may appeal only “t hose matters that were raised by written motion filed and ruled on before trial,” or “after gett ing the trial court’s permission to appeal.” T EX

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. P. 25.2(a)(2). When an appellant w aives her right to appeal as part of her plea bargain agreement with the State, a subsequent notice of a ppeal filed by her fails to “initiate the appellate process,” thereby depriving this Court of jurisdi ction over the appeal. Lundgren v.
State , 434 S.W.3d 594, 599, 600 (Tex. Crim. App. 2014). Here, appellant entered into a plea agreement with the State, a greeing to plead guilty in exchange for the State’s recommendation that she be placed on d eferred adjudication for four years. She also waived her right to appeal. The trial court fol lowed the plea bargain agreement and placed appellant on deferred adjudication for four years. The t rial court’s certification of appellant’s right to appeal reflects the case involves a plea b argain agreement and appellant has no right to appeal. Under these circ umstances, we conclude we lack jurisdiction over this appeal. Furthermore, to the extent appellant seeks to appeal the trial court’s March 15th order modifying the terms and conditions of her community supervision , we lack jurisdiction. With regard to deferred adjudication, the Texas Legislature has auth orized 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 adj udication are not in themselves appealable. Id

. We dismiss this appeal for want of jurisdiction.

Do Not Publish T EX

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. P. 47.2(b) 190464F.U05 /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE–3– 

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Court of Appeals Fifth District of Texas at Dallas
JUDGMENT

MAYRA SIFUENTES, Appellant

No. 05-19-00464-CR V.

THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court, Dallas County, Texas Trial Court Cause No. F18-59890-Q. Opinion delivered by Chief Justice Burns. Justices Myers and Pedersen, III participating.

Based on the Court’s opinion of this date, we DISMISS this appeal.

Judgment entered May 21, 2019