Opinion
NO. WR-87,952-01
02-28-2018
EX PARTE JEFFERY ALLEN SUMMERLIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 07-0428-CR-A IN THE 25TH DISTRICT COURT FROM GUADALUPE COUNTY Per curiam. ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of online solicitation of a minor in Count VII of the indictment and sentenced to two years' imprisonment. Tex. Penal Code § 33.021(b). He did not appeal his conviction.
This Court, in Ex parte Lo, held unconstitutional the online solicitation of a minor statute for which Applicant was convicted. Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). Applicant filed this habeas application based on the Lo decision and asks that Count VII of his conviction be set aside. We believe that the record is not adequate to resolve Applicant's claim.
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d).
Applicant appears to be represented by counsel. If he is not and the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. TEX. CODE CRIM. PROC. art. 26.04.
This sentence has fully discharged. Applicant alleges that, because of this conviction, he is required to register as a sex offender for ten years. Ex parte Harrington, 310 S.W.3d 452, 457-58 (Tex. Crim. App. 2010). However, Applicant must register as a sex offender for his remaining convictions that are not being challenged. Therefore, it appears that Applicant has failed to plead sufficient collateral consequences that invokes this Court's jurisdiction.
The trial court shall first make findings of fact and conclusions of law as to whether Applicant is suffering collateral consequences from this conviction and if so, what those consequences are. The trial court shall also make findings of fact and conclusions of law as to whether Applicant is entitled to relief. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claim for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court. Filed: February 28, 2018
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