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