IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,663-01
EX PARTE NICKI COLIN WILLIAMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W11-40634-K(A)
IN THE CRIMINAL DISTRICT COURT NUMBER FOUR
FROM DALLAS COUNTY
Per curiam.
ORDER
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 this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of continuous sexual
abuse of a child and was sentenced to twenty-five years’ imprisonment.
On December 16, 2015, this Court remanded this application to the trial court for findings
of fact and conclusions of law. On April 4, 2016, the trial court signed findings of fact and
conclusions of law. The trial court recommended that relief be granted. Those findings are not
supported by the record.
When a defendant enters his plea upon the advice of counsel and subsequently challenges the
voluntariness of that plea based on ineffective assistance of counsel, the voluntariness of such plea
depends on (1) whether counsel's advice was within the range of competence demanded of attorneys
in criminal cases and if not, (2) whether there is a reasonable probability that, but for counsel's errors,
he would not have pleaded guilty and would have insisted on going to trial. Ex parte Morrow, 952
S.W.2d 530 (Tex. Crim. App. 1997). Applicant was properly admonished of the consequences of
his plea by the trial court. After being admonished, he proceeded to plead guilty in exchange for the
minimum sentence available for the offense charged. Applicant does not show that but for counsel’s
statements, he would not have pleaded guilty.
Based on this Court’s independent review of the entire record, we deny relief.
Filed: May 25, 2016
Do not publish
Williams, Nicki Colin
Combined Opinion