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Cornwell, Robert William
PD-1501-14
| Tex. App. | May 12, 2015
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Background

  • Appellant Cornwell impersonated a public servant to influence a pending Montgomery County case.
  • Teaff, Montgomery County ADA, recorded conversations showing the impersonation.
  • Appellant claimed to have given his nephew ten days in county jail as a supposed official act.
  • Indictment charged impersonating a public servant with intent to induce reliance on pretended official acts.
  • Court of Appeals affirmed Cornwell’s conviction; this Court granted discretionary review.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for intent to induce reliance Cornwell Cornwell Evidence supports intent to induce reliance on pretended acts
Materiality of variance between alleged and proved pretended acts State Cornwell Variance immaterial; no fatal variance under unit-of-prosecution
Appropriate unit of prosecution for impersonation State Cornwell Each act of impersonation with requisite intent is a single unit; multiple acts do not create multiple offenses

Key Cases Cited

  • Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (sufficiency standard; Jackson v. Virginia reference)
  • Cornwell v. State, 445 S.W.3d 488 (Tex. App.—Beaumont 2014, pet. granted) (appellate interpretation of pretended official acts)
  • Garfias v. State, 424 S.W.3d 54 (Tex. Crim. App. 2014) (unit of prosecution considerations)
  • Gollihar v. State, 46 S.W.3d 243 (Tex. Crim. App. 2001) (variance doctrine framework)
  • Gonzales v. State, 304 S.W.3d 838 (Tex. Crim. App. 2010) (nonstatutory variances and juror unanimity context)
  • Isassi v. State, 330 S.W.3d 633 (Tex. Crim. App. 2010) (standard of review for sufficiency)
  • Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard from a constitutional perspective)
  • Johnson v. State, 364 S.W.3d 292 (Tex. Crim. App. 2012) (two-step analysis for variance/unanimity)
  • Young v. State, 341 S.W.3d 417 (Tex. Crim. App. 2011) (unanimity requirements for conduct-oriented offenses)
Read the full case

Case Details

Case Name: Cornwell, Robert William
Court Name: Court of Appeals of Texas
Date Published: May 12, 2015
Docket Number: PD-1501-14
Court Abbreviation: Tex. App.