In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-15-00391-CR
________________________
KENDRA DRAUGHAN, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from the 137th District Court
Lubbock County, Texas
Trial Court No. 2010-428,943; Honorable John J. McClendon III, Presiding
October 23, 2015
MEMORANDUM OPINION
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
This saga begins in June 2011 when Appellant, Kendra Draughan, was convicted
of the lesser included offense of possession with intent to deliver cocaine in an amount
of one gram or more but less than four,1 and sentenced to ten years, suspended in
favor of five years community supervision. A judgment was then entered revoking her
1
TEX. HEALTH & SAFETY CODE ANN. § 481.112(c) (West 2010). The lesser included offense is a
second degree felony.
community supervision. No appeal from that judgment was timely filed; however,
pursuant to a writ of habeas corpus, Appellant was granted an out-of-time appeal in
May 2014. Her court-appointed counsel pursued an Anders2 appeal and this court
agreed with counsel’s evaluation of the appeal, and on motion for rehearing, affirmed
the trial court’s judgment revoking Appellant’s community supervision and sentencing
her to ten years confinement. See Draughan v. State, No. 07-14-00228-CR, 2015 Tex.
App. LEXIS 173 (Tex. App.—Amarillo Jan. 9, 2015, no pet.) (mem. op., not designated
for publication). Mandate was issued on March 27, 2015, and the revocation judgment
became final.
Appellant has now filed a new notice of appeal from the same revocation
judgment. Her intent is to raise an issue that was not raised in her 2013 hearing—
witnesses lied under oath. Not only is Appellant’s new notice of appeal dated October
19, 2015, from a 2013 judgment untimely,3 the matter has become final and she is not
entitled to a second appeal from the same judgment.
Consequently, this purported appeal is dismissed for want of jurisdiction.
Patrick A. Pirtle
Justice
Do not publish.
2
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
3
TEX. R. APP. P. 26.2(a).
2