Jackie Mae Cornwell v. State ( 2015 )

ACCEPTED
12-14-00294-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
7/8/2015 2:26:13 PM
CATHY LUSK
CLERK
No. 12-14-0294-CR
JACKIE MAE CORNWELL, § IN THE TWELFTH DISTRICT
FILED IN
Appellant § 12th COURT OF APPEALS
§ TYLER, TEXAS
VS. § COURT OF A7/8/2015
PPEALS2:26:13 PM
§ CATHY S. LUSK
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 actions taken in this
appeal pursuant to Texas Rule of Appellate Procedure 48.4.
A. Introduction
1. Jackie Mae Cornwell is the Appellant. The State of Texas is the
Appellee.
2. Troy Hornsby ("counsel") was appointed to represent Appellant on
Appellant’s first level appeal. 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 Twelfth District Court of Appeals for the State of Texas, Tyler,
issued its opinion in this case on July 1, 2015; judgment was issued on the same
day. Thus, this Court has finally resolved this appeal by issuing its opinion.
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
received the executed return receipt, a copy of which is attached hereto.
8. In that correspondence, Appellant’s appellate counsel informed the
appellant of Appellant’s available option for filing 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 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 Article 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 8, 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.
Trial Court Judge Appellant
Honorable Bryan Jeanes Jackie Mae Cornwell
Wood County Court 1241 Fuller Drive
P. O. Box 1707 Dallas, Texas 75218
Quitman, Texas 75783-1707
State's Attorney
Angela L. Hammonds
Wood County District Attorney's
Office
P. O. Box 689
Quitman, Texas 75783-0689
_______________________
Troy Hornsby
COMPLETE THIS SECTION ON DELIVERY
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired. ~o Addressee
• Print your name and address on the reverse
so that we can return the card to you. C. Date ot. Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different t.rom item 1? Yes
1. Article Addressed to: It. YES, enter delivery address below: ONo
:J~evl \4.$ I "tX i1 S"~ I g 3. Service Type .
e-certified Mail o Priority Mall Express'·
o Registered o Return Receipt for Merchandise
o Insured Mail o Collect on Deli
4. Restricted Delivery? (Extra Fee) o Yes
. : : j' ! 'j
2. Article Number
(Transfer from service [abelj 7014 1200 DODD 3575 6016
PS!orm 3811, Juiy 2013 Domestic Return Receipt
,