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 CLERKWR - 82,154 - 0 2 IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF TEXAS
Ex parte KENITH ROBERT EVANS

APPLICANT’S MOTION FOR R EHEARING

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 Wri t of Habeas Corpus withou t written order. In WR

- 82,154
- 0 1 , the application was dismissed stating the sentence has been discharged, citing Ex p arte Harrington

, 310 S.W.3d 452 (Tex. Crim. App. 2010). These two applications are inextricab ly 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 W R
- 82,154
- 01. I n this cause , t rial counsel filed an affidavit stating that he sure that i f he recommended Mr. Evans accept a 20 year sentence, “ he must have been looking at a minimum sentence of 25 years had hegone to trial. ” CR

- 5 1, Affidavit of Steve Kattner. This was based upon the premise

that Mr. Evans had anothe r valid felony conviction. Osten sibly, this would have been for the conviction in Cause 25,931

- B, the subject of the application for writ of habeas corpus in W R
- 82,154
- 01. Thus, the validity of that convi ction has a bearing on the advic e provided by trial counsel in this cause. Addit i onally, Mr. Evans is currently under indictment in Gregg County Cause 42,357

- B where th e conviction at issue here and in WR

- 82,154
- 01 are being used as a felony enhancement s , making the punishment range to that of 25

- 99 years o r 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.

R ESPECTFULLY SUBMITTED,

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

- 5200Facsimile Number: (903) 758

- 7397
CERTIFICATE OF COMPLIANCE The undersigned certifies that ac cording to the Microsoft Word w o r d cou nt 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 __ 26 th ___ day of __ May ____________, 201 5

.

___________________________ Jason D. Cassel