Zackery Jamarcier Summage v. State ( 2015 )

ACCEPTED
06-14-00210-CR
SIXTH COURT OF APPEALS
TEXARKANA, TEXAS
7/6/2015 3:05:32 PM
DEBBIE AUTREY
CLERK
No. 06-14-00210-CR
ZACKERY JAMARCIER SUMMAGE, § IN THE SIXTH DISTRICT
FILED IN
Appellant § 6th COURT OF APPEALS
§ TEXARKANA, TEXAS
VS. § COURT OF A7/6/2015
PPEALS 3:05:32 PM
§ DEBBIE AUTREY
THE STATE OF TEXAS, § Clerk
Appellee § OF THE STATE OF TEXAS
COUNSEL’S CERTIFICATION OF NOTIFICATIONS TO APPELLANT
Appellant’s appellate counsel files this certification of action taken in this
appeal pursuant to Texas Rule of Appellate Procedure 48.4.
A. Introduction
1. Zackery Jamarcier Summage is the Appellant. The State of Texas is
the Appellee.
2. Troy Hornsby ("counsel") was appointed to represent Appellant on
Appellant’s first level appeals. Counsel was not appointed to present a Petition for
Discretionary review on behalf of Appellant and no such right currently exists
under Texas law.
3. The Sixth District Court of Appeals for the State of Texas,
Texarkana, issued its opinions in this case on June 3, 2015, judgment was issued
on the same day. Thus, this court has finally resolved this appeal by issuing its
opinions in this appeal.
4. Appellate counsel has fully carried out his duties in pursing a first
level appeal as appointed by the trial court.
5. Appellate counsel has found no reasonable basis for a motion for
rehearing.
6. Therefore, appellate counsel’s representation of Appellant is
complete.
B. Counsel’s Action
7. The same day that counsel received this court’s opinion and judgment
in this case, counsel directed correspondence to the Appellant by both U.S. Postal
Service first class mail and by U.S. Postal Service certified mail, return receipt
requested, at Appellant’s last known address. The U.S. Postal Service first class
mail letter was not returned and presumed received. Additionally, counsel has not
received the executed return receipt for the certified mail.
8. In that correspondence, Appellant’s appellate counsel informed the
Appellant of Appellant’s available option for filing a Motion for Rehearing with
the Court of Appeals. Counsel explained the procedure for filing such a Motion
for Rehearing including the deadlines therefor and referred Appellant to the
applicable rule of appellate procedure. However, counsel informed Appellant that
counsel was unable to locate any arguable grounds for such motion and, therefore,
counsel would not file such motion on Appellant’s behalf because it would be
frivolous.
9. Additionally, in that correspondence, Appellant’s appellate counsel
informed the Appellant of Appellant’s available option for filing a Petition for
Discretionary Review with the Texas Court of Criminal Appeals. Counsel
explained the procedure including the deadline therefor and referred Appellant to
the applicable rule of appellate procedure. However, counsel informed Appellant
that Pursuant to Texas Code of Criminal Procedure Art 1.051(d)(1), the Texas
Constitution and the United States Constitution Appellant is entitled to a state-
appointed attorney only through an appeal of the first level and referenced
applicable case law. Therefore, counsel explained that he would not be filing a
petition for discretionary review with the Texas Court of Criminal Appeals.
However, counsel informed Appellant of the applicable deadlines for filing such.
Finally, counsel explained to Appellant that should the Court of Criminal Appeals
grant discretionary review Appellant would then be entitled to appointed counsel
and referenced applicable law.
10. Finally, Appellant’s appellate counsel informed Appellant that
counsel would continue to represent Appellant until such time as this court issued
its mandate, at which time counsel’s representation of Appellant would end.
However, counsel informed Appellant that counsel was still available to answer
any questions Appellant had.
Respectfully submitted,
Miller, James, Miller & Hornsby, L.L.P.
By:________________________________
Troy Hornsby
Texas State Bar Number 00790919
1725 Galleria Oaks Drive
Texarkana, Texas 75503
troy.hornsby@gmail.com
903.794.2711; f. 903.792.1276
CERTIFICATE OF SERVICE
This is to certify that on July 6, 2015, a true and correct copy of the above and
foregoing Counsel’s Certification of Notifications to Appellant has been forwarded
by U.S. mail on all counsel of record listed below.
Appellant State's Attorney
Zackery Summage Coke Solomon
3157 Woodlawn Avenue Shawn Connally
Shreveport, Louisiana 71104 Harrison County District Attorney
P. O. Box 776
Trial Court Judge Marshall, Texas 75671-0776
Honorable Brad Morin
71st Judicial District Court
Harrison County Courthouse
200 West Houston, Suite 219
Marshall, Texas 75670
_______________________
Troy Hornsby