Robert William Cornwell v. State
445 S.W.3d 488
| Tex. App. | 2014Background
- Cornwell was convicted in Montgomery County for impersonating a public servant, a third-degree felony under Tex. Penal Code § 37.11(a)(1).
- Recordings of two conversations show Cornwell falsely identified himself as an assistant district attorney from Dallas County to the Montgomery County ADA.
- Cornwell sought to influence the Montgomery County ADA to resolve his friend’s case, claiming disability and character information and mentioning possible charitable donation.
- Indictment alleged Cornwell impersonated an ADA with intent to induce reliance on his pretended authority to resolve the case.
- Appellant argues evidence failed to show intent to induce reliance on pretended official acts, and that the prosecutor’s remarks in closing were improper; the State argues the record supports the conviction and preservation issues.
- Court affirmed the conviction and concluded issues regarding closing argument were not properly preserved or waived under applicable rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove intent to induce reliance | Cornwell argues no inducement to rely on pretended official acts | State asserts intent shown by conducting and discussing as an ADA | Evidence supports intent to induce reliance under §37.11(a)(1) |
| Preservation of error for closing argument | Cornwell contends prosecutor overstepped, affecting fair trial | State argues objections were not specific and error was waived | Issue not preserved; alternatively waived; affirmed without reversal |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for evidence beyond a reasonable doubt)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (jury weight and reasonable-doubt standard)
- Runningwolf v. State, 360 S.W.3d 490 (Tex. Crim. App. 2012) (standard for assessing sufficiency of evidence)
- Ex parte Niswanger, 335 S.W.3d 611 (Tex. Crim. App. 2011) (footnote dicta on overt action and official capacity ruled relevant here)
- Tiller v. State, 362 S.W.3d 125 (Tex. App.—San Antonio 2011) (evidence of pretended official acts supported by intent to induce reliance)
- Davis v. State, 329 S.W.3d 798 (Tex. Crim. App. 2010) (categories of permissible closing argument)