Brown, James A. v. State

Opinion

PD-0729-15

PD-0729-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 6/22/2015 4:34:30 PM Rosemary Lehmberg  Travis County District Attorney Accepted 6/24/2015 10:41:19 AM P.O. Box 1748 Austin, Texas 78767  Telephone: 512-854-3626  Fax: 512-854-4206 ABEL ACOSTA CLERK

June 22, 2015

Court Criminal of Appeals Supreme Court Building 201 West 14th Street, Room 106 Austin, Texas 78701

Re: James Arthur Brown vs. State of Texas, No. 03-13-00760-CR; PD-0729-15

To the Honorable Judges of the Court Criminal of Appeals:

Please be advised that William G. Swaim III has been appointed Special Assistant District Attorney of Travis County, Texas, for the purpose of representing the State of Texas in the above-referenced matter.

Attached please find Mr. Swaim’s certificate of appointment, oath of office, and statement pursuant to Article XVI, Section 1 of the Texas Constitution.

Respectfully submitted,

/s/ M. Scott Taliaferro M. Scott Taliaferro Assistant District Attorney

CERTIFICATE OF COMPLIANCE

Pursuant to Texas Rule of Appellate Procedure 9.4(i), I hereby certify, based upon the computer program used to generate this letter, that this letter contains 67 words, excluding words contained in those parts of the letter that Rule 9.4(i) exempts from inclusion in the word count.

/s/ M. Scott Taliaferro M. Scott Taliaferro Assistant District Attorney

June 24, 2015

2

CERTIFICATE OF SERVICE

I hereby certify that, on this 22nd day of June, 2015, copies of the foregoing letter and the enclosures were sent, via U.S. mail, email, facsimile, or electronically through the electronic filing manager, to the following attorney for the appellant:

Tanisa Jeffers, Esq. Brian Bernard, Esq. Bernard & Associates 1203 Baylor Street Austin, TX 78703 Fax: 512.478.9827 Email: tanisaL@hotmail.com and attorneybernard@yahoo.com

I certify, further, that copies of the foregoing letter and the enclosures were sent, via U.S.

mail, email, facsimile, or electronically through the electronic filing manager, to the following attorney for the State:

William G. Swaim III Special Assistant District Attorney c/o County Attorney’s Office Travis County, Texas P.O. Box 1748 Austin, TX 78767

/s/ M. Scott Taliaferro M. Scott Taliaferro

APPOINTMENT

a \

TI{E STATE OF TEXAS }LDEB-ffiUJO\ COUNTY OF TRAVIS

I, Rosemary Lehmberg, Travis County Distict Attorney, 53'd Judicial

District, of the State of Texas, having fuIl confidence in WILLIAM G. SWAIM III of said County and State, do hereby, with the consent of WILLIAM G. SWAIM III appoint WILLIAM G. SWAIM III as Special Assistant District Attorney of Travis

County, Texas, to act in my name, place and stead, to do and perform any and all

acts and thingsgertaining,to James Arthur Brown v. The State of Texas,No. 03-13-

00760-CR in the Texas Court of Criminal Appeals, hereby ratifying and

confirming any and all such acts and things lawfully done in the premises by virtue

hereof.

Witness my hand, this 18tr day of June, A.D., 2015.

Travis County District Attomey

SWORN TO and Subscribed before me by Rosemary Lehmberg on this 18tr day of June,2015.

RODOTfORIAGAUIIGS

Noiary PuUb

STATEOFIEXAS Confrdqt Ery. {[lE lr, 201, ofTexas

Mv Commission exoires: Srrne ' Fileid ln Th[st

IN TTIE NAME ANID BY TI{E AUTI{ORITY OF

TIIE STATE OF TEXAS

OATI{ OF OFFICE

I, WILLIAM G. SWAIM III, do solemnly swear (or affirm) that I will faithfully

execute the duties of the office of Special Assistant District Attomey of the State

of Texas, ffid will to the best of my ability preserve, protect, and defend the

Constitution and laws of the United States and ofthis State, so help me God.

i(fu (,t',,7

III

William G. Swaim Special Assistant District Attorney Travis County, Texas

before me by williarn G. Swaim III on this l.*|Y?|}rr}?,T,3iJt'cribed

Signature of Person Administering Oath

ilohry Publlc STATEOFTEHS Public in and for the of Texas commission exptes: lf-

IN TTIE NAI\{E ANID BY THE AUTI{ORITY OF

TTM STATE OF TEXAS

STATEMENT OF OFFICER

(Pursuant to Art. XVI, Section 1, Texas Constitution)

I, WILLIAM G. SWAIM III, do solemnly swear (or affirm) that I have not

directly or indireclly paid, offered, or promised to pay, contributed, or promised to

contribute any money, or valuable thing, or promised any public office or

employmen! as a reward to sectre my appointnent or confirmation thereof, so

help me God.

Willianr G. Swaim Itr

iffilffiHr+*yctAttornev P.O. Box 1748 Austin,t, Texas

lEra(tlt 78767

,lJtlJt

.jSWORN TO and Subscribed before me by William G. Swaim Itr on this | 1-auv of June, 2015.

Signature of Person Administering Oath

VIGKI BUTCHER

llotery PuUlc STATEOFTEXAS Notary Fublic in and for the ofTexas Gommlrbn Erp. l2.l$2015

My commission expires: l2