SHAREN WILSON Criminal District Attorney Tarrant County

June 17 , 2016

Hon. Abel Acosta, Clerk Court of Criminal Appeals P.O. Box 12308 Austin, Texas 78711

Re: G ulledge v. State , No. PD

- 0478

- 16

Greetings:

This letter is in response to Appellant’s Petition for Discretionary Review fi led in this Co urt, o n June 7 , 2016 , in Gulledge v. State , No. 02

- 15

- 00196

- CR, 2016 WL 551957, at *1 (Tex. App.
-- Fort Worth Feb. 11, 2016, pet. filed ) ( mem. op. , not designated for publication)

.
Appellant ’s petition presents t wo grounds for review that each attack the trial c ourt’s denial of Appellant’s motion to suppress. Pet. at 3.

As an initial matter , Appellant’s attacks on the trial court’s order should be overruled because they constitute a mere rehash of the complaint s that Appellant presented to the court of appeals rather than an attempt to demonstrate where the unpublished court of appeals’ memorandum decision violates precedent. Degrate v. State , 712 S.W.2d 755, 756 (Tex. Crim. App. 1986) ( per curiam ) (discretionary review petition should specifically address court of appeals' decision , and “[a] ny petition which fails to set forth adequate reasons for this Court to exercise its discretion to review a court of appeal s' opinion is subject to .

. . summary refusal ” ); see also TEX. R. APP. P. 66 .1 & 68 .1; Bradley v. St ate , 235 S.W.3d 808 , 808

- 10 (Tex. Crim. App. 2007) (Cochran, J., concurring in denial of review).

401 West Belknap • Fort Worth, Texas 76196 • 817.884.1400 PD-0478-18 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 6/17/2016 5:35:53 PM Accepted 6/21/2016 2:38:46 PM

ABEL ACOSTA CLERKSecond, Appellant was clocked on radar going 54 m

. p

. h

. in a 40 m

. p

. h

. zone. RR. II

- 9. T o the extent that Appellant now seeks to complain about the admiss ion of radar evidence, see Pet. at 4

- 5, such a complaint was not preserved in the trial court and was not presented as an issue to the court of appeals. Gulledge , 2016 WL 551957, at *1 n.2 (“ Gulledge did not object to the radar testimony at the suppressio n hearing . . . .”)

.
Third, much of Appellant’s complaint seems to be that regardless of the trial court’s finding under TEX. TRANSP. CODE § 545.351, reversal is required because the trial court mistakenly had a finding under TEX. TRANSP. CODE § 545.353 . Pet. at 7

- 8. Appellant ’s petition provide s

no response to the well

- established precedent

– which the court of appeals followed

– holding that a judgment must be upheld if it is correct under any theory applicable to the case. Gulledge

, 2016 WL 551957 , at *3

.
Appellant’s petition should be refused. Thank you.

Respectfully submitted,

SHAREN WILSON /s/ David M. Curl

_____ Criminal District Attorney DAVID M. CURL , Assistant Tarrant County, Texas State Bar No. 05254950 401 W. Belknap Street DEBRA WINDSOR, Fort Worth, Texas 76196

- 0201 Assistant Criminal (817) 884

- 1687 District Attorney FAX (817) 884

- 1672 Chief, Post

- Conviction cc aappellatealerts@tarrantcountytx.gov

CERTIFICATE OF COM PLIANCE

The number of words computed in accordance with TEX. R. APP. P. 9.4(i)(1) are 363

. /s/ David M. Curl

____ DAVID M. CURL , Assistant Criminal Distr ict Attorney

2CERTIFICATE OF SERVICE

One copy of the State's letter reply to Appellant's petition for discretionary review has been sent to (1) counsel for Appellant Ashley Gulledge , Mr. Jerry D. Kelly at jerryd_ kelly@yahoo.com

, and (2) Ms. Lisa McM inn, State Prosecuting Attorney at information@spa.texas.gov , o n this the 17 th day of June 2016

.

/s/ David M. Curl

___ _______ DAVID M. CURL, Assistant Criminal District Attorney

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