DISMISSED and Opinion Filed May 21, 2019 

S 

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, Justice Myers, and Justice Pedersen, III 

Opinion by Chief Justice Burns 

Mayra Sifuentes filed her notice of appeal on April 22, 2019. The clerk’s record shows 

that, on February 20, 2019, appellant pleaded guilty to possession 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, appellant waived her right to appeal. That 

same day, the trial court accepted the plea, placed her on four years deferred adjudication 

probation, determined the conditions of community supervision, and certified that appellant had 

no right to appeal under the terms of the plea bargain agreement. On March 15, 2019, the trial 

court entered an order modifying the conditions of her community supervision. Appellant’s notice 

of appeal states she is appealing from the “Conviction Date: March 15, 2019.” For the reasons 

that follow, we dismiss this appeal for want of jurisdiction. 

A defendant in a criminal case has the right of appeal as set out in the code of criminal 

procedure and the rules of appellate procedure. See TEX. CODE CRIM. PROC. ANN. art. 44.02); TEX.

R. APP. 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 recommended by the prosecutor 
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and agreed to by the defendant,” a defendant may appeal only “those matters that were raised by 

written motion filed and ruled on before trial,” or “after getting the trial court’s permission to 

appeal.” TEX. R. APP. P. 25.2(a)(2). When an appellant waives her right to appeal as part of her 

plea bargain agreement with the State, a subsequent notice of appeal filed by her fails to “initiate 

the appellate process,” thereby depriving this Court of jurisdiction 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, agreeing to plead guilty in 

exchange for the State’s recommendation that she be placed on deferred adjudication for four 

years. She also waived her right to appeal. The trial court followed the plea bargain agreement and 

placed appellant on deferred adjudication for four years. The trial court’s certification of 

appellant’s right to appeal reflects the case involves a plea bargain agreement and appellant has no 

right to appeal. Under these circumstances, 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 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. 

 We dismiss this appeal for want of jurisdiction. 

Do Not Publish 

TEX. R. APP. P. 47.2(b) 

190464F.U05 

 

/Robert D. Burns, III/ 

ROBERT D. BURNS, III 

CHIEF JUSTICE 
 –3– 

S 

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