James Arthur Brown v. State

Opinion

ACCEPTED 03-13-00760-CR 3765641 THIRD COURT OF APPEALS AUSTIN, TEXAS 1/14/2015 12:58:13 PM Rosemary Lehmberg  Travis County District Attorney JEFFREY D. KYLE CLERK P.O. Box 1748 Austin, Texas 78767  Telephone: 512-854-3626  Fax: 512-854-4206

FILED IN January 14, 2015 3rd COURT OF APPEALS AUSTIN, TEXAS 1/14/2015 12:58:13 PM Third Court of Appeals JEFFREY D. KYLE Price Daniel Sr. Building Clerk 209 West 14th Street, Room 101 Austin, Texas 78701

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

To the Honorable Justices of the Court 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 66 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

1 CERTIFICATE OF SERVICE

I hereby certify that, on this 14th day of January, 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

2 APPOINTMENT

TFIE STATE OF TEXAS

COUNTY OF TRAVIS

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

District, of the State of Texas, having full 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 perfonn any and all

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

00760-CR in the Court of Appeals for the Third Judicial District, hereby ratiffing

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

virtue hereof.

Witness my hand, this 14th day of January, A.D., 2015.

Travis County District Attomey

SWORN TO and Subscribed before me by Rosemary Lehmberg on this 14th day of January,2015.

RODOLFOR TAGALI.AiIES Notary Publk: STATE OF TEHS Notary Public in and for the Commisrlon Erp. JUIIE lI,2017 My Commission expires: 7.e.e, I'1. 2 o I J IN TTM NAME AND BY TTIE AUTHORITY OF

TTM STATE OF TEXAS

OATH OF OFFICE

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

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

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

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

William G. Swbim III Special Assistant District Attorney Travis County, Texas

, -. - ,FWORN TO and Subscribed before me by William G. Swaim III on this / Vl day of Januory, 2015.

Signature of Person Administering Oath

Public in and for the at ofTexas mmission expires: /a IN TI{E NAME AND BY TFIE AUTHORITY OF

THE STATE OF TEXAS

STATEMENT OF OFFICER (Pursuant to Art. XVL Section 1, Texas Constitution)

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

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

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

employment, as a reward to secure my appointment or confirmation thereof, so

help me God.

khAhtr William G. Swaim III Special Assistant District Attorney Travis County, Texas P.O. Box 1748 Austin, Texas 78767

. ,ffORN TO and Subscribed before me by William G. Swaim III on this l'l' day of Januza,2ol5.

vrcJmup';i; Public in and for the ,i^H%Ii;;io ission expires: /A