IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,975-01
EX PARTE TENIKA HOWARD, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 19CR-201 IN THE 349TH DISTRICT COURT
FROM HOUSTON COUNTY
Per curiam.
OR D ER
Applicant pleaded guilty to possession of a controlled substance PG 1 > 4G < 200G in a drug free
zone and was sentenced to six years’ imprisonment. Applicant did not appeal her conviction. 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 her plea was involuntary because she was not informed that her conviction
would be treated as a “3g” offense for purposes of parole eligibility. Applicant has alleged facts that, if true,
might entitle her to relief. Brady v. United States, 397 U.S. 742 (1970). Accordingly, the record should
be developed. The trial court is the appropriate forum for findings of fact. TEX. CODE CRIM . PROC. art.
2
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. If Applicant is indigent and wants to be
represented by counsel, the trial court shall appoint counsel to represent her 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 as to whether Applicant’s plea was
involuntary. The trial court shall make findings stating whether Applicant’s conviction is being treated as
a “3g” offense for purposes of parole eligibility, and whether trial counsel told Applicant that it was a “3g”
offense and explained what that meant. The trial court may make any other findings and conclusions that
it deems appropriate in response to Applicant’s claim.
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: August 24, 2022
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