# Ball, Donald Miller

> Court of Criminal Appeals of Texas · September 16, 2020

URL: https://www.frixlaw.com/law-library/cases/4567276

## Case

- **Court:** Court of Criminal Appeals of Texas
- **Decided:** September 16, 2020
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

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
2

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Do not publish

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4567276. Public record. Not legal advice.