McMillan, Tanya Marie Warrell

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,970-01
EX PARTE TANYA MARIE WARRELL MCMILLAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR14-150 IN THE 4TH DISTRICT COURT
FROM RUSK COUNTY
Per curiam.
ORDER
Applicant was convicted of theft and sentenced to forty years’ imprisonment. The Sixth Court
of Appeals affirmed her conviction. McMillan v. State, No. 06-16-00209-CR (Tex. App.—Texarkana
Aug. 22, 2017) (not designated for publication). 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 her sentence is illegal because the prior
conviction used as an enhancement in this case was an un-revoked, probated sentence from federal
court. We order that this application be filed and set for submission to determine (1) whether Ex
parte Pue, 552 S.W.3d 226 (Tex. Crim. App. 2018), announced a new rule for purposes of
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retroactivity; (2) if Pue announced a new rule, whether it is a substantive or procedural rule; and (3)
whether one of the exceptions to the general rule of retroactivity applies. See Teague v. Lane, 489
U.S. 288, 307 (1989). The parties shall brief these issues. Oral argument is not permitted.
The trial court 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 her. See TEX .
CODE CRIM . PROC. art. 26.04. Within sixty days from the date of this order, the trial court shall send
to this Court a supplemental transcript containing the order appointing counsel or a statement that
Applicant is not indigent or does not want to be represented by counsel. All briefs shall be filed with
this Court within ninety days from the date of this order.
Filed: February 12, 2020
Do not publish