The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-54,607-05
EX PARTE DAVID WAYNE MCCALL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W96-03061-J (D) IN THE CRIMINAL COURT NO. 3
FROM DALLAS COUNTY
Per curiam. YEARY, J. dissented.
OPINION
Applicant pleaded no contest to sexual assault and, after a period of deferred adjudication,
was sentenced to life imprisonment. The Fifth Court of Appeals dismissed his appeal for want of
jurisdiction. McCall v. State, No. 05-99-01141-CR (Tex. App.–Dallas March 30, 2000). Applicant
filed this application for a writ of habeas corpus in the county of conviction, and the district clerk
forwarded it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that his sentence is illegal because the prior Indiana felony conviction
used to enhance this sentence was not a final conviction based on Texas law. The record shows that
Applicant was placed on community supervision for that prior conviction and there is no indication
that the supervision was ever revoked.
2
Relief is granted. Ex parte Pue, 552 S.W.3d 226 (Tex. Crim. App. 2018); Ex parte
McMillan, WR-88,970-01 (Tex. Crim. App. May 1, 2024). The sentence in cause number F96-
03061-WJ in the Criminal Court no. 3 District Court of Dallas County is set aside, and Applicant
is remanded to the custody of the Sheriff of Dallas County for the trial court to hold a new sentencing
hearing. The trial court shall issue any necessary bench warrant within ten days from the date of this
Court’s mandate. All of Applicant’s other claims are dismissed.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: 7-31-2024
Do not publish