Jack Darl Hartman v. The State of Texas--Appeal from 355th District Court of Hood County

State: Texas

Docket No: 02-08-00306-CR

Case Date: 08/12/2010

Plaintiff: Arthur Lee Robertson

Defendant: University of Texas Medical Branch, Texas Department of Criminal Justice, State of Texas--Appeal fr

Preview:EX PARTE KYLE DEWAYNE KUPPER (Other)
OTHER | OTHER
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-72,309-03 EX PARTE KYLE DEWAYNE
KUPPER, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 380-81069-02 IN THE
380TH DISTRICT COURT FROM COLLIN 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
four counts of aggravated sexual assault and sentenced to thirty-eight years’ imprisonment on each count. The Fifth
Court of Appeals affirmed his convictions. Kupper v. State, No. 05-03-00486-CR (Tex. App.-Dallas Jan. 14, 2004,
pet. ref’d). Applicant contends, among other things, that counsel failed to convey a plea offer of twenty years that the
State made on the afternoon of March 7, 2003. We remanded this application on September 28, 2011, and directed the
trial court to resolve inconsistencies in the record and to 2 determine whether trial counsel rendered ineffective
assistance. On remand, after holding a live evidentiary hearing, the trial court made findings of fact and conclusions of
law and recommended that we deny relief. We agree with the trial court’s recommendation but decline to adopt its
findings and conclusions on the doctrine of laches. Relief is denied. Filed: April 25, 2012 Do not publish
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