Court of Appeals of Texas, 2012

Misty Laverna Dale Mayo v. State

Court of Appeals of Texas · Decided June 7, 2012

Opinion

In The Court of Appeals

Sixth Appellate District of Texas at Texarkana

_________________________

No. 06-11-00247-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. 26,303

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley

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.

Here, Mayo appeals from her convictions in trial court cause number 26,303. She contends that the trial court erred in entering: (1) the nunc pro tunc judgments because they were not issued in her presence; (2) the nunc pro tunc judgments because they vary from the trial court’s oral pronouncement of sentence; and (3) the original judgments because they varied from the trial court’s oral pronouncement of sentence.

Since the issues and arguments raised in this case are identical to those presented in Mayo’s companion appeal from trial court cause number 26,279, and for the reasons stated in our opinion in Mayo v. State, cause number 06-11-00246-CR, we modify the nunc pro tunc judgments and affirm the judgments as modified.

Bailey Moseley Justice

Date Submitted: June 4, 2012 Date Decided: June 7, 2012 Do Not Publish

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

Case-law data current through September 30, 2026. Source: CourtListener bulk data.