IN THE TWELFTH COURT OF APPEALS OF TYLER, TEXAS

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 ACCEPTED 12-15-00041-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 8/31/2015 11:36:01 PM

CATHY LUSK CLERK

### 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 1 9, 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 hi s 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 22 nd , 

### 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 ~mitte

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# r do solemnly swear and affirm that the explanation cited above is true and described to the best of my ability. 

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THE STATE OF TEXAS SUBSCRIBED AND SWORN TO B EFORE 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 Co u rt 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 appea l s. However, you have a deadline. The Tyler Court rendered their opinion on August 12th. You have 30 days from their opinion to f i le 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.!lr"'" ". ,". , . , ',-- :'~,lJ~ S. R ' ostal ServiceTM ' , ;,: C ERTIFIED MAIL® RECEIPT' ' -Domestic Mail Only • - , fT I

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