EX PARTE JASON KELLY WAGGONER (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-70,582-01

EX PARTE JASON KELLY WAGGONER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F42260 IN THE 249TH DISTRICT COURT

FROM JOHNSON 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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of failing to comply with sex offender registration requirements and was sentenced to two terms of five years' imprisonment. He did not appeal his convictions.

Applicant was sentenced on June 3, 2008. He contends that his duty to comply with sex offender registration requirements expired on May 28, 2008, and that, as a result, a special provision in his judgment is invalid. This provision states, among other things, that the Texas Department of Public Safety shall indicate on Applicant's driver license or personal identification certificate that he is subject to sex offender registration requirements.

Applicant has alleged facts that, if true, might entitle him to relief. 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). In the appropriate case, the trial court may rely on its personal recollection. Id.

If 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.

The trial court shall make findings of fact as to whether the special provision in Applicant's judgment was a clerical mistake or the result of judicial reasoning. If it was the result of judicial reasoning, the trial court shall make findings of fact as to whether Applicant's duty to comply with sex offender registration requirements had expired when he was sentenced. 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: September 24, 2008

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