Coby, Joyce Latrice

• Court: Court of Criminal Appeals of Texas
• Decided: November 15, 2023
• Docket: WR-95,132-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,132-01

EX PARTE JOYCE LATRICE COBY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1387766-A IN THE 232ND DISTRICT COURT FROM HARRIS COUNTY

Per curiam. KEEL, J., did not participate.

OPINION

Applicant pleaded guilty to delivery of cocaine and was sentenced to eight months’

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 raises claims of false evidence and involuntary plea related to the discovery of

prior misconduct by former Houston Police Officer Gerald Goines, who was the sole witness against

Applicant in her case. Based on the record, the trial court has determined that Applicant was denied

due process by the use of false evidence against her and that her guilty plea was involuntary. Ex

parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex parte Coty, 418 S.W.3d 597 (Tex. 2

Crim. App. 2014). The State and trial court both recommend granting relief. We agree.

Relief is granted. Ex parte Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009); Brady v.

United States, 397 U.S. 742 (1970). The judgment in cause number 138776601010 in the 232nd

District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff

of Harris County to answer the charges as set out in the information. The trial court shall issue any

necessary bench warrant within ten days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: November 15, 2023 Do not publish