CAUSE NO. 3 76-tS
^— ORIGINAL
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
COURT OF CRIMINAL APPEALS
TIMOTHY HERRING/ APPELLANT APR 02 2015
VS.
Abel Acosta, Clerk
THE STATE OF TEXAS, RESPONDENT
APPELLANT PETITION FOR DISCRETIONARY REVIEW
FROM THE 271ST. DISTRICT COURT OF WISE COUNTY
CAUSE NUMBER (CR16345), AND THE SECOND
DISTRICT COURT OF APPEALS IN FORT WORTH, TEXAS
CAUSE NUMBER 02-12-00546-CR.
FILED IN
rniiDT^^n,,,,.,
COURT OF CRIMINAL APPEALS
APR 09 2015
Abel Acosta, Clerk
TIMOTHY. HERRING (PRO-SE)
TDCJ-NO. 01822827
JOHN CONNALLY UNIT
899 FM 632
KENEDY,' TEXAS 78119
TABLE OF CONTENTS
PAGE
TABLE OF CONTENTS .v. ... : .ii
INDEX OF AUTHORITY . . .iii
STATEMENT OF PROCEDURAL HISTORY. .iv
STATEMENT REGARDING ORAL ARGUMENTS . :. „ . . 1
STATEMENT OF THE CASE .. . ........ ... 2
GROUND FOR REVIEW: .... ... .... . . .... . 2
GROUND FOR REVIEW NUMBER ONE:
DID THE COURT OF APPEALS ERR IN CONDUCTING AN INCOMPLETE
FACTUAL SUFFICIENCY REVIEW WHEN THE COURT FAILED TO
DISCUSS KEY EVIDENCE CONTAINED IN THE RECORD, BUT INSTEAD
ONLY CONSIDERED THE LEGAL SUFFICIENCY STANDARD OF REVIEW?
REASON FOR REVIEW:
THE COURT OF APPEALS. HAS DECIDED AN IMPORTANT QUESTION
OF STATE LAW THAT IS IN CONFLICT WITH APPLICABLE DECISIONS
OF THE COURT OF CRIMINAL APPEALS, IN PARTICULAR SIMS
V. STATE, NO. 1328-01 (TEX.CR.APP. MARCH 12,2003) AND
CAIN v. STATE 958 S.W, 2d 404 (TEX.CR.APP. 1997)
ARGUMENT AND AUTHORITIES. . .... . ... 3
PRAYER FOR RELIEF. . ., . .4
CERTIFICATE OF SERVICE. . . ... ..... .-v. 5
APPENDIX [OPINION] ATTACHED
11
INDEX OF AUTHORITIES
STATE CASES: PAGES
SIMS v. STATE, NO. 1328-01 (TEX.CR.APP. MARCH 12, 2003) .2,3,4
CAIN v. STATE, 958 S.W.2d 404,408 (TEX.CR.APP.1997) 2,3-4
FEDERAL LAW
JACKSON v. VIRGINIA 443 U.S. 307, 319 (99 S Ct.2781,2789 (1979).3
STATUES
SEC. 15.01 (a), TEX.PENAL CODE ANN. (WEST 2011) iv,3
SEC. 19.02 (b)(1), TEX.PENAL CODE ANN (WEST 2011). iv,3
SEC. 19.03 (a)(1), TEX.-PENAL CODE ANN. (WEST SUPP. 2013) iv,3
CONSTITUTION PROVISIONS
14TH AMENDMENT U.S. CONST .. .. .-2,3
6TH AMENDMENT U.S. CONST - 2.3
ART. 1 SEC. 10- TEX. CONST 2,3
ill
STATEMENT OF PROCEDURAL HISTORY
Appellant was indicted for Attempted Capital Murder. The
offense was alleged to have occurred on or about June 2011.
A jury convicted Appellant of Attempted Capital Murder, based