Alexander Dolan Davis v. State

Opinion

ACCEPTED

03-13-00459-CR

6326716

THIRD COURT OF APPEALS

AUSTIN, TEXAS

TRACY D. CLUCK 8/3/2015 11:39:11 AM ATTORNEY AT LAW JEFFREY D. KYLE CLERK

Post Office Box 855

Telephone (512) 264-9997 Dripping Springs, Texas 78620 Toll Free (866) 380-9997

FILED IN

3rd COURT OF APPEALS

AUSTIN, TEXAS

8/3/2015 11:39:11 AM

August 3, 2015 JEFFREY D. KYLE Clerk

Third Court of ADDeals P.O.Box 12547 Austin, TX 78711

Re: Alexander Dolan Davis v. The State of Texas; No. 03-13-00459-CR;

In The Third Court of Appeals—Austin

To The Honorable Court,

This letter certifies that I have, on July 20, 2015, forwarded a copy of the opinion and judgment, along widi notification of appellant's right to file a pro se petition for discretionary review under Rule 68, to Appellant. Alexander Dolan Davis, by certified mail, return-receipt requested, to his last known address (Per TDCJ website 7/20/2015).

Attached hereto you will find a copy of the letter sent to Appellant, and a certified mail receipt, in compliance with Rule 48.4 (return receipt not yet received).

Please let me know if the court requires anything further in this regard.

Respectfully submitted,

Tracy D. Cluck Attorney for Appellant Alexander Dolan Davis

Enclosure

TRACY D. CLUCK £Z^\ ATTORNEY AT WW ^V*Wr IJ Post Office Box 855

Telephone (512) 264-9997 Dripping Springs, Texas 78620 Toll Free (866) 380-9997

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Alexander Dolan Davis, TDC #01867923 Dolph Briscoe Unit—TDCJ-ID 1459 West Hwy. 85 Dilley,TX 78017

Re: Alexander Dolan Davis v. The State of Texas; 03-13-00459-CR; In The Court of Appeals for the Third District of Texas—Austin

Dear Mr. Davis,

Enclosed you will find a copy of the judgment arid memorandum opinion of the Third Court of Appeals at Austin affirming the revocation of your probation in the second of your two cases. I am sorry that the decision of the appellate court is not favorable for you.

My appointment does not include filing a petition for discretionary review with the Texas Court of Criminal Appeals to appeal the decision of the Third Court of Appeals. You have a right to file a petition for discretionary review with the Texas Court of Criminal Appeals under Rule 68 of the Texas Rules of Appellate Procedure (the Texas Rules of Appellate Procedure, which sets out the rules for filing a petition for discretionary review with the Court of Criminal Appeals, should be available to you in the prison law library). The address for the Texas Court of Criminal Appeals is P. 0. Box 12308, Austin, Texas 78711. If you desire to do this you will need to either hire an attorney to do this for you or do this yourself (this is called pro se). This must be done within thirty days of the date of the Court of Appeals judgment. However, you may request a sixty-day extension, which is usually granted (a first extension is generally routinely granted by the Court). Unlike your initial appeal to the Court of Appeals, the Texas Court of Criminal Appeals, which is the highest appellate court for criminal matters in the state, is not required to accept your appeal.

There may be issues in your case that you can raise by a writ of habeas corpus. I am not appointed to do a writ for you and you are not entitled to an appointed lawyer for a writ. You will need to hire a lawyer to help you with a writ or pursue it yourself.

I have enclosed a CD with the Reporter's Record and Clerk's Record that were filed in your appeals (this is the format that was provided to me). You may obtain a paper copy of your appellate record from the Burnet County District Clerk, 1701 E. Polk, Suite 90, Burnet, TX 78611-2757.

Please let me know if you have any questions or if I can be of any assistance.

With kindest regards,

Tracy D. C

U.S. Mail, CMRRR # 7012 1010 0000 6556 3623

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