ACCEPTED 12-14-00353-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 1/27/2015 9:45:24 AM CHRISTOPHER D. TINSLEY, P.C. CATHY LUSK CLERK ATTORNEY AND COUNSELOR AT LAW E.'JYler • P.O. Box 750 • Athens. Texas 75751 PHONE: 903-677-1802 • FAX: 903-677-1850 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 1/27/2015 9:45:24 AM January 22,2015 CATHY S. LUSK Clerk David Lynn Sellers Henderson County Justice Center 206-A North Athens, Texas 75751

Re: David Lynn Sellers v. The State of Texas Appeal Number: 12-14-00352-CR & 12-14-00353-CR

Mr. Sellers, On January 22,2015, I received the opinion and judgment from the 12th Court of Appeals.

The Court of Appeals dismissed your appeal per your wishes.

The next level to your appeal would be to the Court of Criminal Appeals in Austin, Texas.

The Court of Criminal Appeals is not required to hear appeals, unlike the 12thCourt of Appeals. The Court of Criminal Appeals has discretionary review authority in criminal cases. Should you decide to proceed to the next level of appeal in your case, therefore, you would need to file a Petition for Discretionary Review (PDR) within thirty days of the date of the opinion of the 12th Court of Appeals pursuant to Texas Rule of Appellate Procedure 68. The date of the opinion was January 21, 2015, so a PDR would be due to be filed with the 12th Court of Appeals no later than February 21, 2015. The 12th Court of Appeals would forward any PDR to the Court of Criminal Appeals. The address to the12th Court of Appeals is 1517 West Front Street, Suite 354, Tyler, Texas 75702.

Feel free to contact me if you have any questions. ~ U.S..Postal servlce., r[T" CERTIFIED MAIL,., RECEIPT .JJ ...D (Domestic Mall Only; No Insurance Coverage Provided) CO Lr'J CO Lr'J .., , , .. .. .:,; ;,; . I'

~ r- Lr'J Lr'J I 0 F F i C ~A L USE I ~ CI I CI Postage $ &. 1It[_ Certified Fee r"'I r"'I CI CI Postmark Return Receipt Fee Hera CI CI (Endorsement Required) CI CI Restricted Delivery Fee CI CI (Endorsement Required) ~ CI CI .JJ CI Total Postage & Feea $ (D.l.Jr ~ ~ """fu=nt""'L'-d- ...-...-H~-.t).tk-. -is-D.t'l-.•-t1-~-~----__.,...'__ ... -.~-~r:Jr:I-.-•• -... -£-C.-!1Q/_-__.-:s.- r- ~ ~:~';::.::..; & ...A Ndr!h a.o ............................................................................... ~C1!

Ctmt': 7575 ...

City. Stare, ZIf2+.4 :

, SENDER: COMPI.ETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY

• Complete Items 1, 2, and 3. Also complete A. Signature Item 4 If Restricted Delivery Is desired. x o Agent I o Addressee ~ • Print your name and address on the reverse so that we can retum the card to you. • Attach this card to the back of the mallplece, B. Received by (Printed NQf/t9) I C. Date of DellVeJY • or on the front If space pennlts.

D. Is delIVery address different from Item 1? 0 Yes 1. ArtIcle Addressed to: If YES. enter dellvecy address below: 0 No Do..Vi d Ly n ra 5e lie, 5 }-Iende(.so(\ ~oCJt1-ht JuJ4ic~CktkI 2o(g - It ,v,....h, ~3=.s:::erv=Jc=e=-1}Ip=e ========== -r "7S75 1 "iiiCertIfIed MaIre 0 Priority Mall Express" A-l- htns I r)( B Registered )g'Return Recelpt for Merchandise o Insured Mall 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. ArtIcle Number 1 (7iansfer from servfce (abel) 7013 ObOO 0001 0457 58b9 t PS Form 3811. July 2013 Domestic Return Receipt NO. 12-14-003S2-CR NO. 12-14-00353-CR IN THE COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT TYLER, TEXAS DA VID LYNN SELLERS, § APPEALS FROM THE 173RD APPELLANT v. § JUDICIAL DISTRICT COURT THE STATE OF TEXAS, APPELLEE § HENDERSON COUNTY, TEXAS MEMORANDUM OPINION PER CURIAM Appellant's counsel has filed a motion to dismiss these appeals. The motion is accompanied by a document signed by Appellant in which he authorizes his counsel to file a motion to dismiss the appeals. No decision has been delivered in these appeals. Accordingly, Appellant's motion to dismiss is granted, and the appeals are dismissed. See TEX. R. APP. P. 42.2(a).

Opinion delivered January 21,2015.

Panel consisted of Worthen, C.J. and Hoyle. J.

(DO NOT PUBLISH) COURT OF APPEALS TWELFTH COURT OF APPEALS DISTRICT OF TEXAS JUDGlVIENT JANUARY 21,2015

NO. 12-14-00352-CR NO. 12-14-00353-CR

DAVID LYNN SELLERS, Appellant V. THE STATE OF TEXAS, Appellee

Appeals from the 173rd District Court of Henderson County, Texas (Tr.Ct.No. B-20,857; B-20,858)

THESE CAUSES came on to be heard on the motion of the Appellant to dismiss the appeals herein, and the same being considered, it is bereby ORDERED, ADJUDGED and DECREED by this Court that the motion to dismiss be granted and the appeals be dismissed, and that the decision be certified to the court below for observance.

By per curiam opinion.

Panel consisted of Worthen. C.J. and Hoyle. J.