MacKley, David Allen

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-91,105-01 AND WR-91,105-02
EX PARTE DAVID ALLEN MACKLEY, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 2016-556-C1A AND 2017-121-C1A IN THE 19TH DISTRICT COURT
FROM MCLENNAN COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to two charges of failure to comply with sex offender registration
requirements in exchange for concurrent sentences of seven years’ imprisonment. He did not appeal
his convictions. Applicant filed these applications for writs of habeas corpus in the county of
conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends that his pleas were involuntary because after he pleaded guilty in these
cases, his trial attorney was advised by the State that the prior out-of-state conviction that allegedly
required Applicant to register for life as a sex offender had been removed from the list of
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“substantially similar” out-of-state offenses maintained by the Texas Department of Public Safety
pursuant to Article 62.003 of the Texas Code of Criminal Procedure in 2013, before Applicant
allegedly committed both offenses. Therefore, at the time of the two alleged offenses, Applicant was
not required to register as a sex offender. Applicant alleges that had he been correctly advised that
he was not required to register as a sex offender, he would not have pleaded guilty to these two
charges. Based on the record, the trial court has determined that Applicant’s pleas were involuntary
and that he is entitled to relief.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgments in cause
numbers 2016-556-C1A and 2017-121-C1A in the 19th District Court of McLennan County are set
aside, and Applicant is remanded to the custody of the Sheriff of McLennan County to answer the
charges as set out in the indictments. The trial court shall issue any necessary bench warrant within
ten days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: April 15, 2020
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