The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,729-01
EX PARTE DONALD MILLER BALL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2012-0434-A IN THE 217TH DISTRICT COURT
FROM ANGELINA COUNTY
Per curiam. KELLER , P.J., YEARY , AND SLAUGHTER , JJ. dissent.
OPINION
Applicant pleaded guilty to aggravated sexual assault of a child with a punishment cap
agreement of thirty years, and was sentenced to twenty-five years’ imprisonment. The Twelfth Court
of Appeals dismissed the appeal. Ball v. State, No. 12-13-00190-CR (Tex. App.—Tyler Aug. 20,
2014)(not designated for publication). 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, among other things, that counsel was ineffective because he failed to hire
and consult with a sex offender treatment expert to support his punishment case. Based on the
record, the trial court has determined that counsel’s performance was deficient and that Applicant was
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prejudiced.
Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The sentence in cause
number 2012-0434 in the 217th District Court of Angelina County is set aside, and Applicant is
remanded to the custody of the Sheriff of Angelina County for a new punishment hearing. The trial
court shall issue any necessary bench warrant within ten days from the date of this Court’s mandate.
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: September 16, 2020
Do not publish