Williams, Darryl Dewayne v. State
This text of Williams, Darryl Dewayne v. State (Williams, Darryl Dewayne v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NO, IO*M-00030-CR' IN TW£ COaRT Of CRIMINAL APPEALS /iUSTJA, TEXAS DARRYL OEVWME WILLIA/DS § FKOW /«. MOJWog^a ^ 57KML causemmfu^i THE SWTC 0F 7£X/IS §mEMM COMTYjTEXAS FIRST mUOH FOR EXIFHTW OF Jim TO FILE PETITION FOR DISCRETIONARY REVIEW TO THE HONORABLE JliDBBS OF THE COURT OF CtlflUMlL APPEALS : C £>rt\Cj novy Dasryl Dev&ynz \A/tllia/HSy retitlo/ier, and vies \l$ (Adoa -for 'extej&oA o'f'nl/icty $&!ckyS in which to fife
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WhuzPotyPelltlfi/ier prays -dls Caurr artud-dh /npflasi and extend i^c deadthe 4c -fid* X certify Jia4- &-fiuz aAC[ correct copy 0r~fhe aw*e- a/id for^^ydrrsl /fletien fir £/farti*n OF Vme To RfeA if* * i a QbcfeUwy. &evle«s, has beesi Srmrded by US, flail frsfae PrtA'd. first Class, H> -de iSfcfe AmJtr, wit's dcd-e aP /tufus/fy Zeis •j- ^ Xcmde Bectdc4i&n c Jj J j, nmde^lb'^ circ frueandconed Qyi 43 tmbttr, fa S€. #mw/s <&Mir#3. Richard G. Ferguson Attorney and Counselor at Law One Liberty Place Telephone: 254-296-0622 Facsimile: 254-754-4824 100 N.6'1, Street, Suite 701 Waco, Texas 76701 Email: richardiergiisonifljhot.rr.com August 17, 2015 Darryl D. Williams TDCJ # 01910015 William Clements Unit 9601 Spur 591 Amarillo, Texas 79107 Certified Mail #7011 2000 0001 5788 4941 Re: State of Texas v. Williams, 2012-750-C1, 10-14-30-CR Mr. Williams, Enclosed are copies of the Memorandum Opinion and a Judgment issued by the Tenth Court ofAppeals. Unfortunately the Tenth Court has denied your appeal, and your judgment and conviction are affirmed. Normally, within 30 days of the Judgment of the appellate court, the losing party may file a Petition for Discretionary Review with the Texas Court of Criminal Appeals in Austin, which is the court that reviews opinions of the fourteen intermediate appellate courts in Texas, including the Tenth Court. That means that we would ask the Court of Criminal Appeals to examine what the Tenth Court said and did and review that for any error of law. However, the review on a Petition is not a matter of right; rather, the Court of Criminal Appeals first decides whether or not it will even examine what happened in your case. A Petition will be granted only for special reasons, most of which are set out in Rule 66.3 of the Texas Rules of Appellate Procedure. They are: (a) whether a court of appeals' decision conflicts with another court of appeals' decision on the same issue; (b) whether a court of appeals has decided an important question of state or federal law that has not been, but should be, settled by the Court of Criminal Appeals; (c) whether a court of appeals has decided an important question of state or federal law in a way that conflicts with the applicable decisions of the Court of Criminal Appeals or the Supreme Court of the United States; (d) whether a court of appeals has declared a statute, rule, regulation, or ordinance unconstitutional, or appears to have misconstrued a statute, rule, regulation, or ordinance; (e) whether the justices of a court of appeals have disagreed on a material question of (Fyfitylblfi law necessary to the court's decision; and (0 whether a court of appeals has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by a lower court, as to call for an exercise of the Court of Criminal Appeals' power of supervision. Under usual circumstances, there is only a very remote chance any Petition you filed would be granted, that is, that the Court of Criminal Appeals would decide to examine what happened in your case. Even then, that does not mean that you would ultimately win. It only means that the Court of Criminal Appeals will review any questions raised in your Petition about what happened in the Tenth Court. However, because of the reasons the Tenth Court has given to decide your case, I feel there is no realistic chance the Court of Criminal Appeals will hear your case. Therefore, I do not intend to file a Petition for Discretionary Review. You may, however, file a Petition yourself if you wish, under Rule 68 of the Texas Rules of Appellate Procedure. You must file the Petition with the Texas Court of Criminal Appeals, P.O. Box 12308, Austin, Texas 78711. It must be filed in thirty days. I am sorry there was nothing more to be done in your case. I did my best and all that I could, and I wish things had turned out differently. Sincere! Richard G./Ferguson fiuAust 3-Z20IS RECEIVED IN J ' OOURT OF CRIMINAL APPEALS Varry/ Qwyne Idl/l/a^j ^ 02 2015 T.&cj.-cj:.o*0/f/a>/s' b»!l<%A#i A Cte^etds U/i!+ AbelAcosta.Clerk AMr!Ho, Texas 71107-f60b Texcos Court tf £^:m/'^w, fi°- Sox /23*& ^ /wsfrb, Tisxtis 7$7II -ot T«e To Fde /kM„ fir frscrefd^y fab* Ot*r Clerk, ptWtwcs stfbn A exr^Ah M^e ^%^ PtiH!o/i For Olscre&mry /derie*. flense -fl/e W' briny ft? ntfe^fo
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