Evans, Kenith Robert ( 2015 )

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
Ex parte KENITH ROBERT EVANS
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.
___________________________
Jason D. Cassel