*0 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 8/31/2015 11:36:01 PM CATHY S. LUSK Clerk

*1 ACCEPTED 12-15-00041-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 8/31/2015 11:36:01 PM CATHY LUSK CLERK IN THE TWELFTH COURT OF APPEALS OF TYLER, TEXAS Case No. 12-15-00040-CR Case No. 12-15-00041-CR

MARCUS DONEL POLLEY, Appellant, VS. THE STATE OF TEXAS, Appellee AFFIDAVIT OF MAILING Georgia B. Kimmey Attorney for Appellant TX Bar No. 24049703 1 Columbia Ct. Lufkin, TX 75901 936 676-3750

*2 AFFIDA VIT OF USPS MAILING OF OPINION AND JUDGMENT TO THE HONORABLE JUSTICES OF THE 12TH COURT OF APPEALS: COMES NOW Georgia B. Kimmey, Attorney for Appellant, Marcus Donel

Polley, to hereby testify and affirm that as required by Tex. R App. P. 48.4, I did mail appellant, Marcus Donel Polley, a copy of the opinion, and a copy of the judgment by US mail on August 19, 2015. It was sent by certified mail with return receipt requested. Copies of which are included herein. According to his signature on the receipt, Marcus Polly did pick up the mailing.

The address used was a small townhouse complex where Mr. Polley testified in his jury trial that he lived with his girlfriend, Mary Upshaw. Although his name is not on any lease and this address is not given for him on any official record, that is the address where I met Mr. Polley in the parking lot last spring to have him sign the "Defendant's Right of Appeal" document after I was appointed on his appeal. At that time, he refused to give me the individual townhouse number. Therefore, I mailed his opinion package to the same address "c/o Mary Upshaw." Further, I visited the address and placed a second, identical package with his name on it containing the opinion, judgment, etc. at the mailbox center for all of the townhouses in that complex (ten units.)

*3 The return receipt was mailed to me with his signature. Including jail time credit for these charges, Mr. Polley served his judgment on both convictions. After his jury trial, the bail bond was too high for him to afford in order to be released.

Finally, I apologize for the delay in sending this affidavit. Weekend of August 22 nd , while visiting my son in Corpus Christi, I ingested the E. coli bacteria from an unknown food/water source, and have been ill the past week. However, I am confident that Mr. Polley has all of the required information regarding the outcome of his appeals and his rights regarding such outcomes.

Respectfully su~mittej, ~~.::...L.::=.=;'L~~7J' Atto at Law TSBN 24049703 1 Columbia Ct. Lufkin, TX 75904 936676-3750 936 637-5094 f11X

I, &-ed fJ:~ 1;. 0 MtVJe r do solemnly swear and affirm that the explanation cited above is true and described to the best of my ability.

Y'l«~ 3/, ;10 IS d ate

THE STATE OF TEXAS SUBSCRIBED

~@~/n.w

AND SWORN TO BEFORE ME

On This?2\ St- day of August, 2015

Signature of Notary Public

CERTIFICATE OF SERVICE

*4 This is to certify that a true and correct copy of this Affidavit of Mailing as Counsel was emailed to Assistant County Attorney of Nacogdoches County, Texas, Paige Pattillo at ppattillo@co.nacogdoches.tx.us on August 31,2015.

GEORGIA B. KIMMEY

*5 Attomey at Law 1 Columbia Ct. Lufkin, TX 75901

936 676-3750 936 637-5094 fax Marcy Donel Polley c/o Mary Upshaw 126 Old Line Nacogdoches, TX 75965