WILLIE E. HARDEMAN

No. 1891985

Abel Acosta, Clerk

Court of Criminal Appeals

P.O. Box 12308, Capirol

Austin, Texas 78711

May 7, A.D.

Re: COA No. 09-13-00468-CR

Tr. Ct. No. 10-10380 PD-1601-14

FILED IN

COURT OF CRIMINAL APPEALS

MAY 13 2015

Abel Acosta, Clerk

Dear Honorable Clerk:

Enclosed please find for filing among the papers in said above causes,

Appellant's "Brief Letter of Intent." After receipt of this said document,

please date stamp a copy and return to me for my file.

Thank you.

WEH/cm

C: forwarded

Sincerely,

f.)»\'.e.?. ^AfokVllfr^

Willie E. Hardeman, #1891985

Jester III Unit

3 Jester Road

Richmond, Texas 77406

RECEIVED IN

COURT OF CRIMINAL APPEALS

MAY 13 2015

Abel Acosta,Clerk
WILLIE E. HARDEMAN

No. 1891985

Thomas J. Burbank

SBOT No.

Attorney At Law

2 Acadiana Ct.

Beaumonr, Texas 77706-3012

Sheigh Summerlin

Shot No. 24051501

Attorney at Law

3800 Park Lane

Port Arthur/ Texas 77642

Rodney D. Conerly

SBOS No.

Assistant District Attorney

Jefferson County Courthouse

1001 Pearl Street, 3rd Floor

Beaumont/ Texas 77701

May 7, 2015

AND

Terrence Leon Homes

SBOT No.

ATTORNey at Law

455 Milam Street

Beaumont/ Texas 77701

Perry Thomas

SBOT No. 19849120

Assistant District Attorney

1001 Peearl, 3rd Floor

Beaumont/ Texas 77701

Thomas Maness

SBOT No.

Distict Attorney

Courthouse

1001 Pearl St.,3rd Floor

Beaumont/ Texas 77701

HONORABLE Layne Walker, Judge

252nd District Court

Jefferson County/ Texas

Courthouse

1001 Pearl Street

Beaumont, Texas 77701

Appellant's Brief Letter of Intent

Cause Numbers: From Appeal: 09-1300467-Cr

09-T3^GG468-CR

09-13-00469-CR

From Trial: 10-10378

10-10380

10-10382

Dear Honorable Judge(s) and Attorneys:

and

may

To The Listed above attorneys, all involved in the above Cause Numbers

styled. I would like to direct your attention to some issues, which

have been overlooked, or disregaarded. First, I will make this short

as possible, considering your time and convention.
Mainly, directed to; trial attorney and appeal attorneys, directing

your attenton to: Whe a defeendant is convicted he is entitled to the

reasonable effective assistance of counsel on direct appeal as of Right,

as demonstrated in Evitts v. Lucey,469 U.S. 387, 402-403, 105 S. Ct. 830,

83 L. Ed. 2d 821 (1985), where counsel was appointed or retained Robert v.

State, 705 S.W.2d 803, 805 (Tex. Crim. App. 1986). If I, Appellant can

demonstrate the denial of this Right of his Right I am entitled to relief in

the form of an out-of-time appeal Ex parte Axel, 757 S.W.2d 369, 374 (Tex.

Crim. App. 1988).

I, Appellant bring this to your attention that; The Supreme Court

has stressed that an appellate counsel must master the trial records,

thoroughly research the law, and exercise judgment in identifying the

arguments that may be advanced on appel. McCoy v. Court of Appeals, Dist. 1,

486 U.S 429, 438, 108 S. Ct. 1895, loo L. Ed. 2d. 440 (1988).

Now, in upmost respect, I Appellant/ Willie Hardeman, trying to bring

this letter to a close, but first/ let me say; when appellate counsel has

failed to properly follow the Rules of Appellate Procedure in prosecuting

an appeal/ resulting in the summary rejection of the Appellant's contentions/

and Appellant is entitled relief. Ex parte Diezman, 790 S.W.2d 305/ 306-307

(Tex. Crim. App. 1990). The failure to raise a valid legal claim that

necessarily would have resulted in a revesal apparently also constitutes

in ineffective assistance by appellate counsel/ see Ex parte Dangle/ 848 S.W.

2d .691, 692 (Tex. Crim. App. 1993).

This one arguable issue I, Appellant want to point out/ and that is

double jeopardy. The most serious offense for which 1/ Appellant was convicted/

out of convictions for burglary predicated on aggravated Kidnapping and

Aggravated Kidnapping, was Aggravated Kidnapping/ and thus the Appellate

Court would have vacated my sentence for burglary with intent to commit

Aggravated Kidnapping» The often charged as a first degree felony/ while

burglary, depending on circumstances, could be charged either as a State

jail felony, second degree felony, or first degree felony.

Appellant is demonstrating - has shown that there were arguable Issue.

My convictions under burglary count charging that I, Appellant entered the

habitation with intent to commit Aggavated Kidnapping or that I entered

habitation and then attempted to commit Aggravated Kidnapping in conjunction

with convictions in the same prosecution for Aggravated Kidnapping, violated

double jeopardy principles; There were no evidence that, at that time we/I

entered the house, I intented to commit any crime (other than score drug),

especifically Aggravated Kidnapping, and thus elements of Aggravated Kidnapping

were subsumed within elements of burglary. See Gallegos v. State, 340 S.W.2d

797 (App. 4 Dist. 2011).

I really do believed that I can claim the issue and win, with other

issues, but hopeful we can come to a compromise; due to no attempt to argue

that appeal had any basis in law or fact, nor advanced any argument, good

faith of otherwise, for the extension, modification, or reversal of existing

law.. Issues: 1. No Evidence; 2. Double jeopardy;3. No attorney for appeal;

and ineligible for probation; just to name a few.

Respectfully submitted

Willie E. Hardeman, #1891985

WEH/cm

cc: file

C: forwarded