6-16-2017

ELEVENTH COA

PO BOX 271

EASTLAND, TX 76448

RE: Appellate Case Number 11-15-00106-CR

Trial Court Case Number 03-3319

STYLE: STEVEN DALE HAWKINS v. State of Texas

VIA: EFILE

Per TRAP 48.4, enclosed please find the following:

• USPS Form PS 3811 indicating that CMRRR 7014 1820 0002 0112 

5880 was delivered. 

• A copy of my letter dated 6-5-17 giving a copy of the opinion and 

judgment, along with notification of the defendant’s right to file a pro se 

petition for discretionary review under Rule 68.

This letter is sent in compliance of TRAP 48.4. 

/S/ ARTHUR “ARTIE” AGUILAR JR

ARTHUR “ARTIE” AGUILAR JR

ATTORNEY AT LAW

5109 82ND ST

SUITE 7, BOX 192

LUBBOCK, TX 79424-3028

Phone (806)893-6728

Fax (800)693-7091

SBN: 24004427

artieaguilar@gmail.com

ACCEPTED

11-15-00106-CR

ELEVENTH COURT OF APPEALS

EASTLAND, TEXAS

6/16/2017 4:44:36 PM

SHERRY WILLIAMSON

CLERK

 FILED IN 11th COURT OF APPEALS EASTLAND, TEXAS 06/16/17 4:44:36 PM SHERRY WILLIAMSON Clerk
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6/5/17

STEVEN D HAWKINS # 01204391

COFFIELD UNIT

2661 FM 2054

TENESSEE COLONY, TX 75884

APPELLATE: 11-15-00106-CR

TRIAL COURT: 03-3319

VIA: CMRRR 7014 1820 0002 0112 5880

On 5-25-17, the COA AFFIRMED the trial court’s judgment. A copy of the 

opinions of the COA is included in this package. 

After reviewing the opinion, I have formed the professional opinion that your 

case is not one that meets the statutory requirements for a petition for review to 

the Court of Criminal Appeals. Therefore, I will not be filing a petition for 

review on your behalf. My representation via the Indigent Defense Contract 

ends today.

The fact that I have reached this conclusion does not mean that you may not file 

a petition for review on your own behalf. You may certainly pursue this avenue 

for relief if you choose. In that regard, you should be aware of the following 

information:

1. The COA Judgment Date is 5-25-17. The Petition in your case must filed 

no later than 6-24-17 unless the Court of Criminal Appeals grants a 

request for extension of time for filing the petition. You should be aware 

that extensions are only granted under unusual circumstances. I enclosed 

TRAP 68 in my previous letter to you.

2. The petition must set forth the specific reason for review that you are 

relying upon. I enclosed a copy of Rule 66.3 of the Texas Rules of 

Appellate Procedure, which set forth the standards for review, in my 

previous letter to you. When you prepare your petition you must make 
sure that you use one of these criteria as the basis for requesting review 

for each ground that you want the Court of Criminal Appeals to review.

3. The Petition is now filed with the TEXAS COURT OF CRIMINAL 

APPEALS, PO BOX 12308, AUSTIN, TX 78711. The rules of appellate 

procedure call for the filing of 11 copies of the petition for review. If you 

are not able to comply with this rule, you should state that at the time you 

file the petition with the COA.

4. The rules provide that you must also serve a copy of the Petition on the 

opposing party and the State Prosecuting Attorney. The opposing party 

in your case is PHILIP MACK FURLOW, PO BOX 1124, LAMESA, 

TEXAS 79331. The mailing address for the State Prosecuting Attorney

is PO Box 12405, Austin, TX 78711. If you are not able to comply with 

this requirement because you do not have the funds, you should mention 

this at the time you file your petition with the COA.

I wish you the best of luck if you choose to file a Petition for Discretionary 

Review on your own behalf. If you have any further questions relating to the 

Petition for Review, or any other questions regarding your case, please do not 

hesitate to contact me. ENCLOSED ARE THE REPORTER’S AND 

CLERK’S RECORD.

Respectfully,

/S/ ARTHUR “ARTIE” AGUILAR JR

ARTHUR “ARTIE” AGUILAR JR

ATTORNEY AT LAW

5109 82ND ST, SUITE 7, BOX 192

LUBBOCK, TEXAS 79424

Ph. No. (806) 893-6728

Cell No. (806) 200-2051

Fax No. (800) 693-7091

SBN: 24004427

artieaguilar@gmail.com

www.artieaguilar.com
Rule 68. Discretionary Review With Petition

68.1. Generally

On petition by any party, the Court of Criminal Appeals may review a 

court of appeals' decision in a criminal case.

68.2. Time to File Petition

(a) First Petition. The petition must be filed within 30 days after either 

the day the court of appeals' judgment was rendered or the day the last 

timely motion for rehearing was overruled by the court of appeals.

(b) Subsequent Petition. Even if the time specified in (a) has expired, a 

party who otherwise may file a petition may do so within 10 days after 

the timely filing of another party's petition.

(c) Extension of Time. The Court of Criminal Appeals may extend 

the time to file a petition for discretionary review if a party files a 

motion complying with Rule 10.5(b) no later than 15 days after the last 

day for filing the petition. The Court of Criminal Appeals may extend 

the time to file a response or reply if a party files a motion complying 

with Rule 10.5(b) either before or after the response or reply is due.

68.3. Where to File Petition

The petition and all copies of the petition must be filed with the clerk of 

the court of appeals, but if the State's Prosecuting Attorney files a petition, 

the State's Prosecuting Attorney may file the copies of the petition — but not 

the original— with the clerk of the Court of Criminal Appeals instead of 

with the court of appeals clerk.

68.4. Contents of Petition

A petition for discretionary review must be as brief as possible. It must 

be addressed to the “Court of Criminal Appeals of Texas” and must state the 

name of the party or parties applying for review. The petition must contain 

the following items:
(a) Table of Contents. The petition must include a table of contents 

with references to the pages of the petition. The table ofcontents must 

indicate the subject matter of each ground or question presented for 

review.

(b) Index of Authorities. The petition must include an index of 

authorities arranged alphabetically and indicating the pages of the 

petition where the authorities are cited.

(c) Statement Regarding Oral Argument. The petition must include a 

short statement of why oral argument would be helpful, or a statement 

that oral argument is waived. If a reply or cross-petition is filed, it 

likewise must include a statement of why oral argument should or 

should not be heard.

(d) Statement of the Case. The petition must state briefly the nature of 

the case. This statement should seldom exceed half a page. The details 

of the case should be reserved and stated with the pertinent grounds or 

questions.

(e) Statement of Procedural History. The petition must state:

(1) the date any opinion of the court of appeals was handed down, 

or the date of any order of the court of appeals disposing of the case 

without an opinion;

(2) the date any motion for rehearing was filed (or a statement 

that none was filed); and

(3) the date the motion for rehearing was overruled or otherwise 

disposed of.

(f) Grounds for Review. The petition must state briefly, without 

argument, the grounds on which the petition is based. Thegrounds must 

be separately numbered. If the petitioner has access to the record, the 

petitioner must (after each ground) refer to the page of the record where 

the matter complained of is found. Instead of listing grounds for 

review,the petition may contain the questions presented for review, 
expressed in the terms and circumstances of the case but without 

unnecessary detail. The statement of questions should be short and 

concise, not argumentative orrepetitious.

(g) Argument. The petition must contain a direct and concise 

argument, with supporting authorities, amplifying the reasons for 

granting review. See Rule 66.3. The court of appeals' opinions will be 

considered with the petition, and statements in those opinions need not 

be repeated if counsel accepts them as correct.

(h) Prayer for Relief. The petition must state clearly the nature of the 

relief sought.

(i) Appendix. The petition must contain acopy of any opinion of the 

court of appeals.

68.5. Length of Petition and Reply

The petition must be no longer than 15 pages, exclusive of pages 

containing the table ofcontents, the index of authorities, the statement 

regarding oral argument, the statement of the case, the statement of 

procedural history, and the appendix. A reply may be no longer than 8 

pages, exclusive of the items stated above. The Court may, on motion, 

permit a longer petition or reply.

68.6. Nonconforming Petition

The Court may strike, order redrawn, or summarily refuse a petition for 

discretionary review that is unnecessarily lengthy or that does not conform 

to these rules.

68.7. Court of Appeals Clerk's Duties

(a) On Filing of the Petition. Upon receiving the petition, the court of 

appeals clerk must file the original petition and note the filing on the 

docket.
(b) Reply. The opposing party has 30 days after the timely filing of 

the petition in the court of appeals to file a reply to the petition with the 

clerk of the court of appeals. Upon receiving a reply to the petition, the 

clerk for the court of appeals must file the reply and note the filing on 

the docket.

(c) Sending Petition and Reply to Court of Criminal Appeals. Unless 

a petition for discretionary review is dismissed underRule 50, the clerk 

of the court of appeals must, within 60 days after thepetition is filed, 

send to the clerk of the Court of Criminal Appeals the petition and any 

copies furnished by counsel, the reply, if any, and any copies furnished 

by counsel, together with the record, copies of the motions filed inthe 

case, and copies of any judgments, opinions, and orders of the court of 

appeals. The clerk need not forward any nondocumentary exhibits

unless orderedto do so by the Court of Criminal Appeals.

68.8. Court of Criminal Appeals Clerk’s Duties on Receipt of Petition

The clerk of the Court of Criminal Appeals will receive a petition 

fordiscretionary review, file the petition and the accompanying record from 

the court of appeals, note the filing of the petition and record on the docket, 

and notify the parties by U.S. Mail of the filing. The Court may dispense 

with notice and grant or refuse the petition immediately upon its filing.

68.9 Reply. [deleted]

68.10. Amendment

The petition or a reply may be amended or supplemented within 30 days 

after the original petition was filed in the court of appeals or at any time 

when justice requires. The record may be amended in the Court of Criminal 

Appeals under the same circumstances and inthe same manner as in the 

court of appeals.

68.11. Service on State Prosecuting Attorney

In addition to the service required by Rule 9.5, service of the petition, 

the reply, and any amendment or supplementation of a petition or reply must 
be made on the State Prosecuting Attorney, P.O. Box 12405, Austin, Texas 

78711.

Notes and Comments

Comment to 1997change: This is former Rule 202. Subdivisions (k) 

and (l) of the former rule have been relocated to Rule 69. The new rule 

limits the length of a petition and reply. The time for amendment of a 

petition or reply is increased to conform with the amendment in Rule 

50. The rule is otherwise amended without substantive change.

Comment to 2002 change: The original catchline of subdivision 68.4(g) 

was "Reasons for Review," which caused confusion because of its similarity 

to the catchline in subdivision 66.3 ("Reasons for Granting Review"). It is 

changed to "Argument."
53.7. Time and Place of Filing

(a) Petition. Unless the Supreme Court orders an earlier filing 

deadline,the petition must be filed with the Supreme Court clerk within 

45 days after the following:

(1) the date the court of appeals rendered judgment, if no motion 

for rehearing or en banc reconsideration is timely filed; or

(2) the date of the court of appeals’ last ruling on all timely filed 

motions for rehearing or en banc reconsideration.

(b) Premature Filing. A petition filed before the last ruling on all 

timely filed motions for rehearing and en banc reconsideration is treated 

as having been filed on the date of, but after, the last ruling on any such 

motion. If a party files a petition for review while a motion for 

rehearing or en banc reconsideration is pending in the court of appeals, 

the party must include that information in its petition for review. 

(c) Petitions Filed by Other Parties. If a party files a petition for 

review within the time specified in 53.7(a) — or within the time 

specified by the Supreme Court in an order granting an extension of 

time to file a petition — any other party required to file a petition may 

do so within 45 days after the last timely motion for rehearing is 

overruled or within 30 days after any preceding petition is filed, 

whichever date is later.

(d) Response.Any response must be filed with the Supreme Court 

clerk within 30 days after the petition is filed.

(e) Reply.Any reply must be filed with the Supreme Court clerk 

within 15 days after the response is filed.

(f) Extension of Time. The Supreme Court may extend the time to 

file a petition for review if a party files a motion complying with Rule 

10.5(b) no later than 15days after the last day for filing the petition. The 
Supreme Court may extend the time to file a response or reply if a party 

files a motion complying with Rule 10.5(b) either before or after the 

response or reply is due.

(g) Petition Filed in Court of Appeals. If a petition is mistakenly filed 

in the court of appeals, the petition is deemed to have been filed the 

same day with the Supreme Court clerk, and the court of appeals clerk 

must immediately send the petition to the Supreme Court clerk.
66.3. Reasons for Granting Review

While neither controlling nor fully measuring the Court ofCriminal 

Appeals' discretion, the following will be considered by the Court indeciding 

whether to grant discretionary review:

(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 law necessary to the court's decision; and

(f) 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.
10.5. Particular Motions

(a) Motions Relating to Informalities in the Record. A motion relating 

to informalities in the manner of bringing a case into court must be filed 

within 30 days after the record is filed in the court of appeals. The 

objection, if waivable, will otherwise be deemed waived.

(b) Motions to Extend Time.

(1) Contents of Motion in General. All motions to extend time, 

except a motion to extend time for filing a notice of appeal, must 

state:

(A) the deadline for filing the item in question;

(B) the length of the extension sought;

(C) the facts relied on to reasonably explain the need for an 

extension; and

(D) the number of previous extensions granted regarding the 

item in question.

(2) Contents of Motion to Extend Time to File Notice of appeal.

A motion to extend the time for filing a notice of appeal must:

(A) comply with (1)(A) and (C);

(B) identify the trial court;

(C) state the date of the trial court’s judgment or appealable 

order; and

(D) state the case number and style of the case in the trial 

court.
(3) Contents of motion to extend time to file petition for review 

or petition for discretionary review. A motion to extend time to file 

a petition for review or petition for discretionary review must also 

specify:

(A) the court of appeals;

(B) the date of the court of appeals’ judgment; 

(C) the case number and style of the case in the court of 

appeals; and

(D) the date every motion for rehearing or en banc 

reconsideration was filed, and either the date and nature of the 

court of appeals' ruling on the motion, or that it remains 

pending.

(c) Motions to Postpone Argument. Unless all parties agree, or unless 

sufficient cause is apparent to the court, a motion to postpone argument 

of a case must be supported by sufficient cause.