Ex parte Donovan

Alcala, J., filed a concurring opinion.

I join this Court's decision in denying habeas relief to David M. Donovan, applicant. As the habeas court determined, applicant has failed to establish by a preponderance of the evidence that he would have gone to trial instead of resolving this case through a plea bargain had he been properly admonished about the sex-offender registration requirement. I write separately to address my reasons for participating in the instant decision rather than sua sponte recusing myself.

I. Background

In 1998, applicant pleaded no contest to aggravated sexual assault of…