Hight, Ex Parte Benjamin Michael

• Court: Court of Criminal Appeals of Texas
• Decided: September 20, 2006
• Docket: AP-75,507
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,507 EX PARTE BENJAMIN MICHAEL HIGHT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-34356-U IN THE 291^ST JUDICIAL DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to solicitation of a child and was sentenced to two years' imprisonment.

This Court remanded to the trial court for findings regarding Applicant's claim that his guilty plea was not knowingly and voluntarily entered because he was not advised that he would have to register as a sex offender. On remand, the trial court found that although the plea agreement and admonition referred to attached admonitions to sex offenders, no such admonitions were attached or were contained anywhere in Applicant's file. Furthermore, trial counsel provided an affidavit, stating that his files did not contain any indication that he discussed the sex offender registration requirements with Applicant, or that Applicant knew of the requirements from any other source.

We order that this application be filed and set for submission to determine whether this case is distinguishable from Mitschke v. State, 129 S.W.3d 130 (Tex. Crim. App. 2004) and Anderson v. State, 182 S.W.3d 914 (Tex. Crim. App. 2006), in which this Court found that failure to admonish as to sex offender registration requirements was harmless error under the facts of those cases. The parties shall brief the issue.

Further, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before December 19, 2006.

Filed: September 20, 2006

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