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