EX PARTE GARY EDWARD BROCK SR. (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NOS. WR-54,946-09, WR-54,946-12, & WR-54,946-13

EX PARTE GARY EDWARD BROCK SR., Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 10518, 10523, & 10516 IN THE 29TH DISTRICT COURT

FROM PALO PINTO COUNTY

Per curiam.

O R D E R



Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of aggravated sexual assault of a child and one count of indecency with a child by contact. He was sentenced to thirty-six years' imprisonment for each aggravated sexual assault and to twenty years' imprisonment for the indecency with a child. He did not appeal his convictions.

Applicant contends that his pleas were involuntary because, inter alia, his pleas were induced by improper threats from his attorney. Specifically, he alleges that his lawyer had him sign "blank forms" and, among other things, threatened that he would work with the District Attorney's office to have Applicant sentenced for the maximum punishment. Applicant also alleges that witness statements saying he was innocent were sent to the jail, but were apparently suppressed by jail personnel.

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact. The trial court shall order Applicant's trial counsel to respond to Applicant's claims that his pleas were rendered involuntary because of counsel's alleged threats and ineffectiveness. The trial court may use any means set out in Tex. Code Crim. Proc. art. 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 wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.

The trial court shall make findings of fact and conclusions of law in regard to Applicant's claims that his pleas were involuntary due to counsel's ineffectiveness. Specifically, the trial court shall make findings of fact addressing Applicant's allegation that his lawyer had him sign "blank forms" and threatened that he would work with the District Attorney's office to have Applicant sentenced for the maximum punishment. The trial court shall also make specific findings of fact as to Applicant's allegations that jailers suppressed exculpatory statements and trial counsel failed to discover such statements. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claims for habeas corpus relief.

These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the orders granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law and any court documents associated with Applicant's guilty pleas, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.







Filed: April 6, 2011

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