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.
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 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
3