Gardner, Ora Curtis

• Court: Court of Criminal Appeals of Texas
• Decided: February 1, 2023
• Docket: WR-94,478-01
• Status: Published

Opinion

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 Do not publish