Misty Laverna Dale Mayo v. State

• Court: Court of Appeals of Texas
• Decided: June 7, 2012
• Docket: 06-11-00244-CR
• Status: Published

Opinion

In The Court of Appeals Sixth Appellate District of Texas at Texarkana

_________________________

No. 06-11-00245-CR ______________________________

MISTY LAVERNA DALE MAYO, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 354th Judicial District Court Hunt County, Texas Trial Court No. 26,278

Before Morriss, C.J., Carter and Moseley, JJ. Memorandum Opinion by Justice Carter MEMORANDUM OPINION

Misty Laverna Dale Mayo entered an open plea of guilty to all fourteen charges spread

across five cases tried together in Hunt County, Texas. The multiple counts included charges for

injury to a child, indecency with a child by contact, sexual assault of a child, and aggravated

sexual assault of a child.1 The trial court accepted her plea, found her guilty on all counts, and

ultimately sentenced her to various terms of confinement ranging from ten to fifty years each.

After finding errors in the judgments regarding whether the sentences for the eight charges

contained in the last two cases were to be served concurrently or consecutively, the trial court

attempted to correct the errors by entering nunc pro tunc judgments with revised sentencing

instructions.

1 The five cases before us on appeal, all resolved by opinions issued today, are as follows:

Appeal Case Trial Case Count: Offense Sentence Sentence Number Number Group 06-11-00243-CR 26,276 Count 1: injury to a child 10 years Count 2: injury to a child 10 years 06-11-00244-CR 26,277 Count 1: injury to a child 10 years A Count 2: injury to a child 10 years 06-11-00245-CR 26,278 Count 1: aggravated sexual assault of a child 50 years Count 2: aggravated sexual assault of a child 50 years 06-11-00246-CR 26,279 Count 1: indecency with a child by contact 20 years Count 2: indecency with a child by contact 20 years B Count 3: aggravated sexual assault of a child 50 years Count 4: aggravated sexual assault of a child 50 years 06-11-00247-CR 26,303 Count 1: indecency with a child by contact 20 years Count 2: sexual assault of a child 50 years C Count 3: sexual assault of a child 50 years Count 4: sexual assault of a child 50 years

2 Here, Mayo appeals from her two convictions in trial court cause number 26,278. After

reviewing the record and the briefs in this case, we find that Mayo failed to raise a point of error

regarding these convictions.

Accordingly, we affirm the trial court’s judgment.

Jack Carter Justice

Date Submitted: June 4, 2012 Date Decided: June 7, 2012

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