Voltmann, Max Davis

• Court: Court of Appeals of Texas
• Decided: February 4, 2015
• Docket: PD-1737-13
• Status: Published

Opinion

PD-1737-13 COURT OF CRIMINAL APPEALS PD-1737-13 AUSTIN, TEXAS BALL & HASE Transmitted 2/2/2015 4:54:32 PM A PROFESSIONAL CORPORATION Accepted 2/4/2015 11:00:15 AM ATTORNEYS AND COUNSELORS AT LAW ABEL ACOSTA CLERK WES BALL 4025 WOODLAND PARK BLVD BOARD CERTIFIED-CRIMINAL LAW SUITE 100 TEXAS BOARD OF LEGAL SPECIALIZATION ARLINGTON, TEXAS 76013

DON HASE TELEPHONE (817) 860-5000 BOARD CERTIFIED-CRIMINAL LAW TELEFAX (817) 860-6645 TEXAS BOARD OF LEGAL SPECIALIZATION

February 2, 2015

Abel Acosta, Clerk Court of Criminal Appeals P.O. Box 12308 February 4, 2015 Austin, Texas 78711

Re: Voltmann v. State, PD-1737-13

Dear Mr. Acosta:

The referenced case is pending a decision on the State’s Petition for Discretionary Review that was filed January 15, 2014. I filed a response on behalf of Mr. Voltmann (Appellant) on February 13, 2014 opposed to the grant of the State’s PDR. To date, it appears that no decision has been made and nothing is on the court’s calendar concerning this case.

Appellant’s case was reversed in part by the Court of Appeals which found the evidence insufficient to support a deadly weapon finding and directed that the judgment be reformed. Voltmann v. State, No. 14-12-00590-CR (Tex. App. – Houston [14th] September 5, 2013, pet. filed.) (mem. op., not designated for publication). The State’s PDR has delayed the removal of the deadly weapon finding which is being applied to Mr. Voltmann who is confined in the Institutional Division of the Texas Department of Criminal Justice, delaying consideration for parole.

Appellant’s counsel has taken note that this Honorable Court has recently decided a case that would appear to be in his favor in Brister v. State, 2014 WL 6967829 (Tex. Crim. App. Dec. 10, 2014). Appellant’s counsel contacted the clerk’s office by telephone in the past couple of months to inquire about the status of the case and is now concerned that a decision will not be Mr. Acosta February 2, 2015 Page | 2

made until long after Appellant has served a sentence being treated as “aggravated” pursuant to Article 421.12 3g Tex. Code Crim. Proc. when it ultimately will not be the final judgment of the Court. Appellant requests that you bring this letter of inquiry to the attention of the members of the Court.

Respectfully,

_/s/ Wes Ball_________________________________ WES BALL

WB/md

cc: Tarrant County District Attorney’s Office Mr. Max Voltmann