Gay, Donald Lynn ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,852-01
EX PARTE DONALD LYNN GAY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1599008-A IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to failure to comply with sex offender registration requirements and
was sentenced to fifteen years’ imprisonment. Applicant filed this application for a writ of habeas
corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE
CRIM . PROC. art. 11.07.
Applicant contends, among other things, that his plea was involuntary because trial counsel
did not discover that Applicant had no duty to register at the time of the charges. Applicant has
alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); TEX .
CODE CRIM . PROC. art. 62.101(b). Accordingly, the record should be developed. The trial court is
the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court
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shall order trial counsel to respond to Applicant’s claim. In developing the record, the trial court
may use any means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall
determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by
counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM .
PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this
Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel’s
performance was deficient and Applicant would have insisted on a trial but for counsel’s alleged
deficient performance. The trial court shall make specific findings addressing whether Applicant
was under a lifetime duty to register as a sex offender or whether his duty lasted for ten years from
the date of his release. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: April 1, 2020
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