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: Gulledge v. State, No. PD-0478-16

Greetings:

This letter is in response to Appellant’s Petition for Discretionary 

Review filed in this Court, on 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 two grounds for review that each attack 

the trial court’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 

complaints 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an attempt to demonstrate where the unpublished court of appeals’ 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 appeals' opinion is subject to . 

. . summary refusal”); see also TEX. R. APP. P. 66.1 & 68.1; Bradley v. 

State, 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

CLERK
Second, Appellant was clocked on radar going 54 m.p.h. in a 40 m.p.h.

zone. RR. II-9. To the extent that Appellant now seeks to complain 

about the admission 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 suppression 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 provides 

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 ccaappellatealerts@tarrantcountytx.gov

CERTIFICATE OF COMPLIANCE

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 District Attorney

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CERTIFICATE 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 McMinn, State Prosecuting Attorney at 

information@spa.texas.gov, on this the 17th day of June 2016. 

/s/ David M. Curl__________

DAVID M. CURL, Assistant

Criminal District Attorney

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