Nicole Dawn Holland v. State

Opinion

ACCEPTED

03-14-00577-CR

6851975

THIRD COURT OF APPEALS

Tracy D. Cluck AUSTIN, TEXAS 9/9/2015 3:43:04 PM

JEFFREY D. KYLE

Attorney at Law CLERK www.tracyclucklawyer.com

12600 Hill Country Blvd., Suite R-275 Telephone (512) 329-2615 Austin, Texas 78738 FILED IN 3rd COURT Telecopier (512) 329-2604 OF APPEALS

AUSTIN, TEXAS

9/9/2015 3:43:04 PM

September 9, 2015 JEFFREY D. KYLE Clerk

Third Court of ADDeals P.O. Box 12547 Austin, TX 787 i i

Re: Nicole Dawn Holland v. The State of Texas; No. 03-14-00577-CR;

In The Third Court oi Appeals—Austin

To The Honorable Court,

This letter certifies that I have, on August 27, 2015, forwarded a copy of the opinion and judgment, along with notification of appellant's right to file a pro se petition for discretionary review under Rule 68, to Appellant, Nicole Dawn Holland, by certified mail, return-receipt requested, to her last known address (Per TDCJ website 8/27/2015).

Attached hereto you will find a copy of the letter sent to Appellant, a certified mail receipt and a return receipt, in compliance with Rule 48.4 (return receipt received damaged).

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

Respectfully submitted,

Tracy D. Cluck Attorney for Appellant Nicole Dawn Holland

Enclosure

~* TRACY D. CLUCK ATTORNEY AT LAW

Post Office Box 855

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

August 27, 2105

Nicole Dawn Holland, TDC #01962247 Linda Woodman State Jail 1210 Coryell City Rd. Gatesville, TX 76528

Re: Nicole Dawn Holland v. The State of Texas; 03-14-00577-CR; In The Court of Appeals for the Third District of Texas—Austin

Dear Ms. Holland,

Enclosed you will find a copy of the judgment and memorandum opinion of the Third Court of Appeals at Austin affirming the revocation of your probation. I am sorry that the decision of the appellate court is not favorable for you. The court has also granted my motion to withdraw as your counsel. Therefore, I am closing your file in my office and will not be doing anything further on your appeals.

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. O. 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 first 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 previously provided you with a complete copy of the reporter's record and clerk's record in your case. You may also obtain your 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

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