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Melinda Ann Mullins v. State
Citation: Not availableDocket: 07-03-00326-CR
Court: Court of Appeals of Texas; December 13, 2004; Texas; State Appellate Court
Original Court Document: View Document
Melinda Ann Mullins appealed the judgment of the 64th District Court of Hale County, which revoked her community supervision and adjudicated her guilty of forgery of a financial instrument. Initially, Mullins had pleaded guilty under a plea bargain, resulting in a deferred adjudication with two years of community supervision and a $250 fine. Subsequently, the State filed a motion to adjudicate her guilty, citing six probation violations. Mullins admitted to these violations at a hearing on June 23, 2003. The trial court revoked her community supervision, adjudicated her guilty, and sentenced her to 18 months in prison. Mullins filed a general Notice of Appeal on July 22, 2003, later amending it to claim a jurisdictional defect. Her appellate counsel submitted a Motion to Withdraw, asserting that the appeal was frivolous after a thorough review of the record, and provided no grounds for a non-frivolous appeal. Counsel informed Mullins of her rights regarding the appeal process, but she did not file a response. The court clarified that appeals concerning the original deferred adjudication must be filed at the time the adjudication is imposed, and Mullins failed to do so. As a result, the court dismissed the appeal regarding issues tied to her original deferred adjudication due to lack of timely jurisdiction. However, the court affirmed the trial court's judgment on matters unrelated to the original adjudication, concluding that no reversible errors harmful to Mullins were identified. Finally, the motion for counsel’s withdrawal was granted.