Garner, Clarence Benard

• Court: Court of Criminal Appeals of Texas
• Decided: August 3, 2021
• Docket: WR-92,954-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-92,954-01 & WR-92,954-02

EX PARTE CLARENCE BENARD GARNER, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 2019-0400-A & 2019-0401-A IN THE 217TH DISTRICT COURT FROM ANGELINA COUNTY

Per curiam.

ORDER

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. Under

Article 11.07 of the Texas Code of Criminal Procedure, a district clerk is required to forward to this

Court, among other things, “the application, any answers filed, any motions filed, transcripts of all

depositions and hearings, any affidavits, and any other matters such as official records used by the

court in resolving issues of fact.” Id. at § 3(d); see also TEX . R. APP. P. 73.4(b)(4). The record

forwarded to this Court appears, however, to be incomplete. According to the judgments, Applicant

pleaded guilty under a plea agreement. The writ records contain no documents relating to his guilty 2

pleas.

The district clerk shall either forward to this Court the guilty plea paperwork in these cases

or certify in writing that these documents are not part of the record. The district clerk shall comply

with this order within thirty days from the date of this order.

Filed: August 3, 2021 Do not publish