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: COANo. 09-13-00468-CR Tr. Ct. No. 10-10380 PD-1601-14 

## FILEDIN 

## COURTOFCRIMINALAPPEALS MAY 13 2015
AbelAcosta,Clerk

Dear Honorable Clerk: 

### Enclosed please find for filing among thepapers in saidabove causes, 

### Appellant's "Brief Letter of Intent." After receipt of this saiddocument, please date stamp a copy andreturn 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



## RECEIVEDIN COURTOFCRIMINALAPPEALS MAY 132015 Abel Acosta,ClerkWILLIE E. HARDEMAN

No. 1891985

Thomas J. Burbank 

### SBOTNo. 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 RodneyD. 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 aboveattorneys, all involved in the above CauseNumbers 

### styled. I would like to direct your attention to some issues, which have been overlooked, or disregaarded. First, I will make this short 

### aspossible, 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/ 

### andAppellant is entitled relief. Exparte 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/ andthus theAppellate 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 aState jail felony, seconddegree 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 sameprosecution forAggravated Kidnapping, violated 

## double jeopardy principles; Therewerenoevidencethat, at that timewe/I entered the house, Iintented to commit anycrime (other than scoredrug), 

## especificallyAggravatedKidnapping, andthus elements ofAggravatedKidnapping were subsumedwithin elements of burglary. See Gallegos v. State, 340 S.W.2d 797 (App. 4 Dist. 2011). 

### I really do believed that Ican claimthe issue andwin, with other issues, but hopeful we can come to acompromise; due to no attempt to argue 

## that appeal had any basis in lawor fact, noradvancedanyargument, 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