Felicia Anne Broussard Mulkey v. State ( 2020 )

IN THE
TENTH COURT OF APPEALS
No. 10-20-00057-CR
No. 10-20-00058-CR
No. 10-20-00059-CR
No. 10-20-00060-CR
FELICIA ANNE BROUSSARD MULKEY,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 12th District Court
Madison County, Texas
Trial Court No. 18-13136, Trial Court No. 18-13060,
Trial Court No. 18-13056 and Trial Court No. 18-13134
MEMORANDUM OPINION
On February 6, 2020, Felicia Anne Broussard Mulkey filed a pro se notice of appeal
of her convictions for continuous sexual abuse of a young child, possession of child
pornography (two convictions), and aggravated sexual assault. Mulkey’s imposition of
sentence in each case was on November 18, 2019, and the judgments of conviction were
each signed the same day. Mulkey’s notice of appeal of each conviction is therefore
untimely, and we have no jurisdiction of an untimely appeal. See TEX. R. APP. P. 26.2(a);
Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996) (no appellate jurisdiction where
notice of appeal is untimely). An untimely motion for new trial does not extend the
deadline for filing a notice of appeal. See TEX. R. APP. P. 21.4(a), 26.2(b); Mendez v. State,
914 S.W.2d 579, 580 (Tex. Crim. App. 1996). For the reasons stated, these appeals are
dismissed.
Notwithstanding that we are dismissing these appeals, Mulkey may file a motion
for rehearing with this Court within 15 days after the opinion and judgment in each case
are rendered if she believes the opinion and judgment are erroneously based on
inaccurate information or documents. See TEX. R. APP. P. 49.1. Moreover, if Mulkey
desires to have the opinion and judgment of this Court in each case reviewed by filing a
petition for discretionary review, that petition must be filed with the Court of Criminal
Appeals within 30 days after either the day this Court’s judgment is rendered or the day
the last timely motion for rehearing is overruled by this Court. See TEX. R. APP. P. 68.2(a).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Dismissed
Opinion delivered and filed March 4, 2020
Do not publish
[CRPM]
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