Purdy, George Edward

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-90,494-03, WR-90,494-04 & WR-90,494-05
EX PARTE GEORGE E. PURDY, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 4482-A, 4958-A & 4959-A
IN THE 451ST DISTRICT COURT
FROM KENDALL COUNTY
Per curiam.
ORDER
Applicant was convicted of sexual assault of a child and two charges of sexual assault. He
was sentenced to ten years’ imprisonment in each case. Applicant filed these applications for writs
of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See
TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that his pleas for deferred adjudication were
involuntary because they were predicated on the assurance that he could withdraw the pleas if
another jurisdiction did not allow similar terms on related charges. Applicant attaches his lawyer’s
response to another matter affirming this understanding of the terms of the agreement. Applicant also
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alleges that adjudication counsel did not investigate the validity of the allegations in the motion to
adjudicate and did not advise him that he had legal and factual defenses to those allegations.
Applicant has alleged facts that, if true, might entitle him to relief. Brady v. United States, 397 U.S.
742 (1970); Ex parte Moody, 991 S.W.2d 856, 857–58 (Tex. Crim. App. 1999). Accordingly, the
record should be developed. 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 adjudication 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. 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. If counsel is
appointed or retained, the trial court shall immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law addressing Applicant’s
claims that his pleas were 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: January 15, 2020
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