Evans, Kenith Robert

• Court: Court of Appeals of Texas
• Decided: May 27, 2015
• Docket: WR-82,154-02
• Status: Published

Opinion

WR-82,154-02 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/26/2015 3:04:26 PM Accepted 5/27/2015 9:02:54 AM WR-82,154-02 ABEL ACOSTA CLERK

RECEIVED IN THE COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS 5/27/2015 OF THE STATE OF TEXAS ABEL ACOSTA, CLERK

Ex parte KENITH ROBERT EVANS

Petitioner’s Motion for Rehearing of Application of Writ of Habeas Corpus

JASON D. CASSEL Bar Number: 24006970 jdc@emafirm.com ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Phone Number: (903) 758-5200 Facsimile Number: (903) 758-7397 WR-82,154-02 IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS

APPLICANT’S MOTION FOR REHEARING

TO THE HONORABLE COURT OF CRIMINAL APPEALS: Comes now the Applicant, by and through his Attorney, Jason D. Cassel, and

respectfully submits to the Court his Motion for Rehearing in the above entitled and

numbered cause.

GROUND FOR REHEARING The Court dismissed the Application for Writ of Habeas Corpus without

written order. In WR-82,154-01, the application was dismissed stating the

sentence has been discharged, citing Ex parte Harrington, 310 S.W.3d 452 (Tex.

Crim. App. 2010). These two applications are inextricably intertwined and relief in

WR-82,154-01 would affect this application. Thus, Counsel requests that the Court

grant the motion for rehearing for consideration with WR-82,154-01

Argument and Authorities This Court dismissed Applicant’s Writ of Habeas Corpus. Mr. Evans has

filed a motion for rehearing in WR-82,154-01. In this cause, trial counsel filed an

affidavit stating that he sure that if he recommended Mr. Evans accept a 20 year

sentence, “he must have been looking at a minimum sentence of 25 years had he gone to trial.” CR-51, Affidavit of Steve Kattner. This was based upon the premise

that Mr. Evans had another valid felony conviction. Ostensibly, this would have

been for the conviction in Cause 25,931-B, the subject of the application for writ of

habeas corpus in WR-82,154-01. Thus, the validity of that conviction has a bearing

on the advice provided by trial counsel in this cause. Additionally, Mr. Evans is

currently under indictment in Gregg County Cause 42,357-B where the conviction

at issue here and in WR-82,154-01 are being used as a felony enhancements,

making the punishment range to that of 25-99 years or Life. See CR-181, Trial

Court’s Findings of Fact and Conclusions of Law.

The Court should grant Mr. Evan’s motion for rehearing and address the

issues raised in the application for writ of habeas corpus of this cause and in WR-

82,154-01.

PRAYER

WHEREFORE, Applicant prays that the motion for rehearing be granted.

RESPECTFULLY SUBMITTED,

__________________________ JASON D. CASSEL Bar Number: 24006970 jdc@emafirm.com ALBRITTON LAW FIRM P.O. Box 2649 Longview, Texas 75606 Phone Number: (903) 758-5200 Facsimile Number: (903) 758-7397

CERTIFICATE OF COMPLIANCE

The undersigned certifies that according to the Microsoft Word word count tool this document contains 480 words.

___________________________ Jason D. Cassel

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing document has been hand delivered to the Gregg County District Attorney’s Office, on this the __26th___ day of __May____________, 2015.