Upshur County, Texas (KETK) - A convicted sex offender has been denied an appeal on two counts of aggravated sexual assault of a child.
On Monday, the Upshur County District Attorney's Office released a statement saying Orlandos Lugene Johnson, 48, of Gilmer, was denied his appeal by the 6th Court of Appeals in Texarkana for convictions on two counts of aggravated sexual assault of a child. He sentenced to 50 years in prison on each of those counts, on Thursday, March 16, 2017.
Johnson's reasoning for his appeal can be read below:
"On appeal, Johnson argued that his counsel rendered ineffective assistance when he failed to communicate a plea bargain offer allegedly made by the State, and that, consequently, his resulting plea of guilty was not knowingly and voluntarily entered. Because we conclude that nothing in the record demonstrates either that the State made a plea bargain offer or that Johnson was unaware of any alleged plea bargain offer, we affirm the trial court's judgment."
Johnson pleaded guilty to both counts on May 3, 2016, and asked the court to assess punishment. He had hoped to be sentenced to judge-ordered community supervision or deferred adjudication, the court opinion states.
Johnson was an employee of Gilmer ISD and worked for the school district for more than 20 years. He worked with special needs children in the district and the sexual assault started when a student was a sixth-grader in the district and lasted until the student was 17. A sexual assault charge becomes “aggravated” when the child involved is under the age of 14, according to state law.