Case Information

*1 PD-0835-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 7/8/2015 2:57:53 PM Accepted 7/9/2015 4:30:14 PM ABEL ACOSTA CLERK SHAREN WILSON

Tarrant County

July 8, 2015

Hon. Abel Acosta, Clerk

Court of Criminal Appeals

P.O. Box 12308

Austin, Texas 78711

Re: Sullens v. State, No. PD-0835-15

Greetings:

This letter is in response to Appellant’s Petition for Discretionary Review filed in this Court, on July 7, 2015, in Sullens v. State, No. 02– 13-00364-CR, 2015 WL 3523143 (Tex.App. -- Fort Worth June 4, 2015, pet. filed) (mem.op., not designated for publication).

Appellant’s sole ground for review contends that the court of appeals erred in finding that an instruction to disregard cured any harm in a witness’s comment that she defended herself “like always.” Pet. at 2; see also Sullens, 2015 WL 3523143, at *2. The court of appeals expressly did not reach the issue of whether the witness’s comment that she always defends herself was even a reference to an extraneous offense, much less an extraneous offense committed by Appellant. Sullens, 2015 WL 3523143, at *2. ^[1]

Appellant’s complaint to this Court makes no attempt to demonstrate that the court of appeals’ analysis was erroneous. Instead, Appellant *2 simply repeats his complaint that the comment should not be found to be curable. Pet. at 6. Appellant’s complaint thus presents nothing for review. Degrate v. State, 712 S.W.2d 755, 756 (Tex. Crim. App. 1986) (discretionary review petition should specifically address court of appeals' decision); Bradley v. State, 235 S.W.3d 808, 808-10 (Tex. Crim.

App. 2007) (Cochran, J., concurring in denial of review); see also TEX.

R. APP. P. 66.1 & 68.1. Appellant also makes no attempt to demonstrate that consideration of his complaint by this Court would have any importance to the jurisprudence of Texas. See generally TEX. R. APP. P. 66.3.

Appellant’s fact-bound petition should be refused. Thank you.

Respectfully submitted,

SHAREN WILSON /s/ ANNE SWENSON

Criminal District Attorney ANNE SWENSON, Assistant Tarrant County, Texas State Bar No. 19575500

coaappellatealerts@tarrantcountytx.gov DEBRA WINDSOR, /s/ DAVID M. CURL

Assistant Criminal

District Attorney

Chief, Post-Conviction State Bar No. 05254950

401 W. Belknap Street

Fort Worth, Texas 76196-0201 (817) 884-1687

FAX (817) 884-1672

coaappellatealerts@tarrantcountytx.gov CERTIFICATE OF COMPLIANCE

The number of words in the portions of the document covered by TEX.

R. APP. P. 9.4(i)(1) are 356.

/s/ DAVID M. CURL____

DAVID M. CURL, Assistant Criminal District Attorney 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, Mr. Abe Factor at lawfactor@yahoo.com and (2) Ms. Lisa McMinn, State Prosecuting Attorney, at information@spa.texas.gov, on this the 8 th day of July 2015.

/s/ DAVID M. CURL____

[1] The court of appeals’ decision also failed to address the State’s contentions that (1) Appellant’s complaint was not preserved, State’s coa br. at 6-8; and (2) the trial court’s in limine order was irrelevant to Appellant’s claim that a mistrial was required. State’s coa br. at 9-10. 401 West Belknap • Fort Worth, Texas 76196 • 817.884.1400