Case Information
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MARCH 25TH, 2015
FOURTH COURT OF APPEALS DISTRICT
CADENA-REEVES JUSTICE CENTER
300 DOLOROSA, SIUTE 3200 SAN ANTONIO, TEXAS 78025-3037
RE; Court Of Appeals Number; 04-13-00569-CR
Trial Court Case Number B11614 Style; Kristi Rene Nix V The State Of Texas
Dear Judges
I was orderded to go to a just cause hearing on march 23rd 2015 that my probation officer set for motion to revoke.During the hearing Judge Emerson asked what was going on with the appeal because my probation officer jeannie burlingson could not answer Judge Emersons questions District Attorney Scott Monroe stepped up to the judges bench and stated that i was going to be mandated.
I would like to know how Mr. Monroe knows that my sentence will be mandated when the 4th Court Of Appeals has not made a decision yet.
Because of this i called the 4th Court of this and was told that there had been no decision made as of March 23rd 2015.
When i gave Judge Emerson the Evidence of me being taken off probation on March 28th 2014 and ordered back on in August after 5 months of being off he was shocked and knew that was not right or legal.
The reason for the show cause hearing to revoke was because i am due to be off probation June 5th 2015. My probation officer Jeannie Burlingson said i had missed 6 UA's since the time she put be back on probation WHICH IS NOT TRUE.I have only been back on Since the end of Aug 2015. So i have only had 7.
She gave me permission to go to San Antonio to meet and have a conciltation with a divorce attorney on day of UA. I brought my witness to this to the hearing, she heard Mrs. Burlingson tell me i could go and it was excused.
My Febuary appointment my feet and hands were so swallow i could not stand on my feet or feel them to drive and i could not take down or pull up my clothing let alone grip a steering wheel. Its due to my disease and 20 degree weather with no heat. i live 30 minutes from kerrville i almost died 2 years ago in a car accident. I will
*2 not risk my life or others to try to drive with no feeling in feet or hands in 20 degree weather and ice all over the roads.'
I called the probation officer that was filling in for Mrs. Burlington and left 2 messages and never recieved a call back. I showed Judge Emerson the pictures i am sending you and he agreed.
She knew my brief was submitted on febuary 10th. On febuary 11th she ordered me to have a hair folicle done, she knows i am on disability and have no money. She told me to fill out a financial statement and i did. I told her my pump on my well went out and had to have it fixed had been without water for over 3 weeks.. i recieve a month disability: $92 court cost a month probation fee a month $18 UA fee a month for gas for food month down payment to have water fixed(total to have fixed a month payments. As of febuary 6th i was - I didnt have a dime to pay for that. i am sending you the evidence i gave the judge. All i have is 2 months left as have said previous it appears to me she is doing everything to make sure i get sent to safe pete and not off probation. By taking me off probation and by there own paper work and then treating me with arrest and ordering back on THAT IS DOUBLE JEOPARDY. Mrs. Burlingson saying i havent gone to 6 UAS i am sending you there payment record and you can see for yourself i have been charged and payed for going to my UA's and being taken off and being put back on. This has gone BEYOND RIDICULAS. THIS IS PURE OUT.
If she was so sure i was not complying with the terms of probation she would have been coming out to my house for home visits BUT SHE HAS ONLY BEEN TO MY HOUSE THREE TIMES IN 3 YRS.
So i am sending you everything i have shown Judge Emerson. I have complied with everything i have been asked to do
RESPECTFULLY
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UNIV0 (/)
Criminal defense (/topics/criminal-defense) If a person appeals their conviction and their on probation, does the terms of probation remain in effect while it is appealed
- Houston, TX I on Dec 20, 2013
Appeal, crime
Attorney Answers 3
(Attorneys/78232-tx-gary-churak-121914.html)
- Best answer
No, the appeal stays the sentence of probation until such time as the Court of Appeals renders sits opinion and a Mandate is issued.
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*6 PLEASE RETURN THIS PORTION WITH YOUR PAYMENT
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