Real Property Located at 404 Fuller St. Kerrville, Kerr County, Texas v. The State of Texas Appeal from 216th Judicial District Court of Kerr County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-21-00016-CV REAL PROPERTY LOCATED AT 404 FULLER ST., KERRVILLE, KERR COUNTY, TEXAS, Appellant v. The STATE of Texas, Appellee From the 216th Judicial District Court, Kerr County, Texas Trial Court No. 16620A Honorable N. Keith Williams, Judge Presiding PER CURIAM Sitting: Beth Watkins, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice Delivered and Filed: March 24, 2021 DISMISSED FOR LACK OF JURISDICTION On January 14, 2021, Peggy Butler filed a letter indicating her intent to appeal a judgment of forfeiture in a civil forfeiture proceeding that was signed on September 11, 2017. On December 19, 2018, we issued a memorandum opinion and judgment affirming the trial court’s September 11, 2017 judgment. On January 25, 2019, we denied Butler’s motion for rehearing, and on October 9, 2019, we issued our mandate. This court’s plenary power in that appeal expired, and this court no longer has jurisdiction to review the September 11, 2017 judgment. See TEX. R. APP. P. 19.1 (specifying the period of 04-21-00016-CV plenary power); id. R. 19.3 (providing appellate court cannot vacate or modify judgment after plenary power has expired). Moreover, Butler is not entitled to a second appeal from the trial court’s judgment, and no independent appeal lies from the issuance of our mandate. Minnfee v. Proyor, No. 01-12-00943-CV, 2013 WL 709254, at *1 (Tex. App.—Houston [1st Dist.] Feb. 26, 2013, no pet.) (mem. op.). Accordingly, we lack jurisdiction over this appeal. See TEX. R. APP. P. 19.1, 19.3, 26.1. We therefore dismiss this appeal for want of jurisdiction. PER CURIAM -2-

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