ACCEPTED
12-15-00041-CR
TWELFTH COURT OF APPEALS
TYLER, TEXAS
8/31/2015 11:36:01 PM
CATHY LUSK
CLERK
IN THE
TWELFTH COURT OF APPEALS
FILED IN
OF TYLER, TEXAS 12th COURT OF APPEALS
TYLER, TEXAS
8/31/2015 11:36:01 PM
CATHY S. LUSK
Clerk
Case No. 12-15-00040-CR
Case No. 12-15-00041-CR
MARCUS DONEL POLLEY,
Appellant,
VS.
THE STATE OF TEXAS,
Appellee
AFFIDAVIT OF MAILING
Georgia B. Kimmey
Attorney for Appellant
TX Bar No. 24049703
1 Columbia Ct.
Lufkin, TX 75901
936 676-3750
AFFIDA VIT OF USPS MAILING OF OPINION AND JUDGMENT
TO THE HONORABLE JUSTICES OF THE 12TH COURT OF APPEALS:
COMES NOW Georgia B. Kimmey, Attorney for Appellant, Marcus Donel
Polley, to hereby testify and affirm that as required by Tex. R App. P. 48.4, I did
mail appellant, Marcus Donel Polley, a copy of the opinion, and a copy of the
judgment by US mail on August 19, 2015. It was sent by certified mail with return
receipt requested. Copies of which are included herein. According to his signature
on the receipt, Marcus Polly did pick up the mailing.
The address used was a small townhouse complex where Mr. Polley testified
in his jury trial that he lived with his girlfriend, Mary Upshaw. Although his name
is not on any lease and this address is not given for him on any official record, that
is the address where I met Mr. Polley in the parking lot last spring to have him sign
the "Defendant's Right of Appeal" document after I was appointed on his appeal.
At that time, he refused to give me the individual townhouse number. Therefore, I
mailed his opinion package to the same address "c/o Mary Upshaw." Further, I
visited the address and placed a second, identical package with his name on it
containing the opinion, judgment, etc. at the mailbox center for all of the
townhouses in that complex (ten units.)
The return receipt was mailed to me with his signature. Including jail time
credit for these charges, Mr. Polley served his judgment on both convictions. After
his jury trial, the bail bond was too high for him to afford in order to be released.
Finally, I apologize for the delay in sending this affidavit. Weekend of
August 22nd, while visiting my son in Corpus Christi, I ingested the E. coli bacteria
from an unknown food/water source, and have been ill the past week. However, I
am confident that Mr. Polley has all of the required information regarding the
outcome of his appeals and his rights regarding such outcomes.
Respectfully su~mittej,
~~.::...L.::=.=;'L~~7J'
Atto at Law
TSBN 24049703
1 Columbia Ct.
Lufkin, TX 75904
936676-3750
936 637-5094 f11X
I, &-ed fJ:~1;. 0 MtVJe
r do solemnly swear and affirm that the explanation cited
above is true and described to the best of my ability.
Y'l«~ 3/, ;10 IS
d ate
THE STATE OF TEXAS SUBSCRIBED
AND SWORN TO BEFORE ME
On This?2\ St- day of August, 2015 ~@~/n.w
Signature of Notary Public
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of this Affidavit of Mailing as
Counsel was emailed to Assistant County Attorney of Nacogdoches County,
Texas, Paige Pattillo at ppattillo@co.nacogdoches.tx.us on August 31,2015.
GEORGIA B. KIMMEY
Attomey at Law
1 Columbia Ct.
Lufkin, TX 75901
936 676-3750
936 637-5094 fax
Marcy Donel Polley
c/o Mary Upshaw
126 Old Line
Nacogdoches, TX 75965
Dear Mr. Polley,
The 12th Court of Appeals in Tyler delivered an opinion on the appeal of your possession and DWI
cases. They believe that neither Judge Sinz, nor the jury, nor your lawyer committed any errors in the
verdict and judgment on your cases. If you wish to appeal their decision to a higher court, that would be
the Criminal Court of Appeals. You could enlist the services of an attorney or try to file the brief yourself
pro se. The Nacogdoches County Court-at-Law will not continue to pay me to write any further appeals.
However, you have a deadline. The Tyler Court rendered their opinion on August 12th. You have 30 days
from their opinion to file a petition with the Criminal Court of Appeals in Austin.
The Criminal Court of Appeals does not have to accept your case. It's called "disGretionary." They
get to choose which cases they review. If you decide to petition them, please look at the Texas Rules of
Appellate Procedures 68.3(a) and 68.4 to meet the specific requirements.
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Marcus Donel Polley v. State
Combined Opinion