Gardner, Ora Curtis ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,478-01
EX PARTE ORA CURTIS GARDNER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR20-00151 IN THE 235TH DISTRICT COURT
FROM COOKE COUNTY
Per curiam.
ORDER
Applicant pleaded guilty and was convicted of one count of sexual assault of a child–bigamy
and seventeen counts of sexual assault. He was sentenced to twenty-eight years’ imprisonment on
count one and twenty years’ imprisonment for the other counts. 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 plea was involuntary because counsel failed to fully inform him of
the rights he was waiving by pleading guilty and for telling him that if he did not plead guilty he
would receive essentially a life sentence. Applicant has alleged facts that, if true, might entitle him
to relief. Brady v. United States, 397 U.S. 742 (1970). Accordingly, the record should be developed.
2
The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, §
3(d). The trial court shall order trial counsel to respond to Applicant’s claim. In developing the
record, the trial court may use any means set out in Article 11.07, § 3(d). If the trial court elects to
hold a hearing, it shall determine whether Applicant is indigent. It appears that Applicant is
represented by counsel. If Applicant is indigent and wants to be represented by counsel, the trial
court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant’s
plea was involuntary. The trial court may make any other findings and conclusions that it deems
appropriate in response to Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: February 1, 2023
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