Darrell Hardy Lacy v. State

ACCEPTED
12-17-00379-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
1/24/2018 10:33 AM
Pam Estes
CLERK
NO. 12-17-00379-CR
DARRELL HARDY LACY § IN THE COURT OF APPEALS
FILED IN
Appellant § 12th COURT OF APPEALS
§ TYLER, TEXAS
vs. § 12TH JUDICIAL DISTRICT
1/24/2018 10:33:15 AM
§ PAM ESTES
THE STATE OF TEXAS, § Clerk
Appelle § AT TYLER, TEXAS
MOTION FOR REHEARING
TO THE HONORABLE COURT:
Now comes Darrell Lacy, Appellant, by and through undersigned counsel, and makes this
Motion for Rehearing, pursuant to Rule 49 of the Texas Rules of Appellate Procedure, and in
support thereof would show the Court the following:
ISSUES RELIED UPON FOR REHEARING
I. When the Court dismissed this appeal for lack of jurisdiction it did so
on the basis of the absence of a Certification of Defendant’s Right to
Appeal. A Certification showing that the defendant has the right to
appeal has since been filed with the trial court. See TEX. R. APP.
PROC. 25.2(f). For this reason Appellant asks the Court to reconsider
its previous dismissal of the appeal.
ARGUMENT
On 28 December 2017, Appellant was notified that the Clerk’s record in this matter was
lacking a trial court certification of right to appeal.
Appellant’s counsel reviewed the file and spoke with trial counsel and determined that no
trail court certification had ever been done and subsequently attempted to arrange for the signing
of a new one.
However, the trial judge’s previously planned days out for vacation, coupled with
subsequent snow days during which the courthouse was closed, meant that the first date all
parties could be present and the certification signed was today, 24 January. A copy of the signed
certification is attached.
Given that this delay was through no fault of Appellant’s, and considering that the filing
of a writ to obtain leave to file a new appeal would result in delay and the unnecessary
expenditure of judicial resources, it is respectfully requested that the Court grant this motion for
rehearing and reinstate the appeal of this matter.
WHEREFORE, PREMISES CONSIDERED, undersigned counsel respectfully prays
that this Honorable Court grant this Motion for Rehearing, withdraw its previous opinion,
reexamine the jurisdictional issue in light of the full record now, or soon to be, before it, and
reverse its previous order and permit Appellant to continue his appeal of this case.
Respectfully submitted,
/s/ Austin Reeve Jackson
TXBN: 24046139
PO Box 8355
Tyler, TX 75771
(903) 595-6070
(866) 387-0152
CERTIFICATE OF CONFERENCE AND SERVICE
This is to certify that the contents of this motion have been discussed with opposing
counsel who has stated that he is unopposed to the granting of this motion, and that a true and
correct copy of the above and foregoing document was served on counsel for the State
concurrently with its filing in the Court.
/s/ Austin Reeve Jackson