ACCEPTED 03-13-00494-CR 7947271 THIRD COURT OF APPEALS KRISTEN JERNIGAN AUSTIN, TEXAS 11/23/2015 12:01:10 PM JEFFREY D. KYLE ATTORNEY AT LAW CLERK 207 S. AUSTIN AVE., GEORGETOWN, TEXAS 78626 (512) 904-0123 (OFFICE) (512) 931-3650 (FAX ) RECEIVED IN KRISTEN@TXCRIMAPP.COM 3rd COURT OF APPEALS AUSTIN, TEXAS 11/23/2015 12:01:10 PM CRIMINAL LAW JEFFREY D. KYLE CRIMINAL APPELLATE LAW Clerk November 23, 2015 Eugene Kelly Wolfenberger TDCJ No. 01871101 Powledge Unit 1400 FM 3452 Palestine, Texas 75803 Re: Eugene Kelly Wolfenberger v. The State of Texas, No. 03-13-00494-CR Dear Eugene: Unfortunately, the Third Court of Appeals denied our motions for rehearing and reconsideration. As we have discussed previously, you now have the right to file a pro se Petition for Discretionary Review. That Petition is due within thirty days of the date of the Court’s rulings on the motions for rehearing and reconsideration, making it due on or before December 17, 2015. However, I would like to continue my representation of you by filing a petition for discretionary review on your behalf. I would do so pro bono because I feel the Court of Appeals did not correctly analyze our claim of ineffective assistance of counsel and I feel the issue is important to the jurisprudence of the State of Texas. If you would like me to file a petition for discretionary review on your behalf, please let me know as soon as possible. I have emailed a copy of this letter to Christine as well so you can discuss your options with her. If you decide to proceed pro se, when you file the petition, be sure to attach a copy of the Court of Appeals’ opinion which I mailed to you on October 27, 2015. If you intend to proceed pro se, I urge you to contact the Bell County District Clerk to obtain the records you may need to draft your petition. The Bell County District Clerk’s address is: Bell County District Clerk P.O. Box 909 Belton, Texas 76513 The Court of Appeals address is: Third Court of Appeals P.O. Box 12547 Austin, Texas 78711 The Texas Court of Criminal Appeals address is: Texas Court of Criminal Appeals P.O. Box 12308 Austin, Texas 78711 Please let me know your decision as soon as possible. Sincerely, /s/ Kristen Jernigan Kristen Jernigan 2