## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-91,228-01

EX P ARTE CHRISTO P HER JAMES DORN, Appli cant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 25,709-A IN THE 258TH DIS TRICT COURT

F ROM P OLK COUNTY
Per curiam . O R D E R Ap p l i cant pled g uilty to ag g ravated kidnapping under a plea ag ree ment for a fiftee n-y ea r prison sentenc e. There was no direc t appea l. Applicant filed a pro se application for a writ of habea s corpus alleg ing that his g uilty plea was not voluntary
. The trial c ourt enter ed an order desig nating issues and appointed habea s counsel, who filed an amende d habea s application. Applicant say s the victim has been making statements to others that remove s or lessens Applicant’s culpability , he prese nts an exculpatory aff idavit from a co-de fenda

nt, and he say s he did not understand that he had
a possible de fense to the kidnapping char g e. The trial court has set sever al dates for an evidentiar y hear ing but has had to continue the setti n gs . T h e district cler k proper ly forwa

rded the habea s application to this Court. See T E X . R. A P P . P R O C . 73.4(b)( 5).2

Reg arding his claim about counsel, Applicant say s that he “did not understand at the time of his plea, if he was forced to assist in a criminal act for fea r of his own persona l safe ty in addition to being verba lly threatened and phy sically assaulted, that it amounts to ‘dure ss’ and there fore not held
acc ountable for such criminal acts” (empha sis in orig inal). The aff idavit habea s counsel submitt ed from a co-de fe n d an t supports Applicant’s acc ount of duress, and habea s counsel details her own
unsucce ssful eff

orts to contac t the victim. There is no response from trial co u n s el reg arding his discussions with App l icant about the fac ts of the offe nse and possible defe nses, and there are no finding s from the trial c ourt resolving the disputed fac tual issues it designated. Acc ording ly , the rec o rd s hould be develope d. The trial court is the appropr iate forum for finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial c ourt shall order trial counsel to respond to Applicant’s claims t hat Applicant’s g uilty plea was involuntary
. I n developing the
rec ord, the trial c ourt may use any means set out in Article 11.07, § 3( d). The tr ial court shall then make f indings of f

act a nd conclusions of lawas to whethe r Applica nt’s plea wa s involuntary . The trial court may

make a ny other finding s and conc lusions that it deems a ppropriate
. The trial court shall make findings of fac t and co n clusions of l aw within ninety day s from the date of this order
. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, proposed finding s and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court. Filed: De cembe r 16, 2020 Do not publish