Rodgers, Rodney Keith

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-89,477-01

EX PARTE RODNEY KEITH RODGERS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 42593CR/A IN THE 443RD DISTRICT COURT FROM ELLIS 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 driving while

intoxicated and sentenced to fifteen years’ imprisonment. He did not appeal his conviction.

Applicant contends, among other things, that his sentence is illegal because the two

jurisdictional enhancements alleged in the indictment are the same conviction. We order that this

application be filed and set for submission to determine whether (1) under the facts of this case,

Applicant is estopped from claiming that his sentence is illegal, and (2) he can show harm if other

driving while intoxicated convictions were available but not alleged as jurisdictional enhancements 2

in his case. See Ex parte Parrott, 396 S.W.3d 531 (Tex. Crim. App. 2013). The parties shall brief

these issues.

The trial court shall determine whether Applicant is indigent. If he is indigent and wants to

be represented by counsel, the trial court shall appoint counsel to represent him. TEX . CODE CRIM .

PROC. art 26.04. The trial court shall send to this Court, within sixty 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 within ninety days from the date of this order.

Filed: June 5, 2019 Do not publish