WR-82,154-02 

IN THE COURT OF CRIMINAL APPEALS 

OF THE STATE OF TEXAS 

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

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 5/26/2015 3:04:26 PM

Accepted 5/27/2015 9:02:54 AM

ABEL ACOSTA

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 5/27/2015 ABEL ACOSTA, CLERK 
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 WR82,154-01. 

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