Opinion
NO. WR-88,114-01
03-21-2018
EX PARTE CHRISTOPHER SCOTT DAUER AKA CHRISTOPHER SCOTT DAVER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 010966-A IN THE 259 DISTRICT COURT FROM JONES COUNTY Per curiam. OPINION
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 pleaded guilty and was convicted of failing to comply with registration requirements and sentenced to five years' imprisonment.
Applicant contends, among other things, that his plea was involuntary and counsel was ineffective for failing to investigate his duty to register as a sex offender.
Applicant was charged with failing to register with an offense date of July 29, 2013. According to the record, Applicant had a prior California adjudication for a lewd or lascivious act with a child under 14 years, and was required to register for ten years in accordance with Chapter 62 of the Code of Criminal Procedure. TEX. CODE CRIM. PROC. Art. 62.102; TEX. PENAL CODE § 21.11(a)(1). Therefore, the period during which Applicant was required to register as a sex offender expired on October 11, 2010. Applicant was no longer required to register as a sex offender after this date.
The State and the trial court both recommend granting relief. This Court does not find Applicant actually innocent. However, Applicant's claim that his plea was involuntary is supported by the habeas record.
Relief is granted. The judgment in Cause No. 010966 in the 259 District Court of Jones County is set aside, and Applicant is remanded to the custody of the Sheriff of Jones County to answer the charge against him. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Parole Division. Filed: March 21, 2018
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