Flowers, Christopher Dewayne

• Court: Court of Criminal Appeals of Texas
• Decided: June 7, 2023
• Docket: WR-94,786-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,786-01

EX PARTE CHRISTOPHER DEWAYNE FLOWERS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1361743-A IN THE 232ND DISTRICT COURT FROM HARRIS COUNTY

Per curiam. YEARY , J., filed a concurring opinion. KEEL, J., did not participate.

OPINION

Applicant was convicted of delivery of a controlled substance and sentenced to ninety days’

imprisonment. Applicant did not file a direct appeal. 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, involuntary plea, and actual innocence related to

the discovery of prior misconduct by former Houston Police Officer Gerald Goines, who was the

sole witness against Applicant in his case. Based on the record, the trial court found that Applicant

was denied due process by the use of false evidence against him and that his guilty plea was

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

S.W.3d 597 (Tex. Crim. App. 2014). The State and trial court both recommend granting relief on

false evidence and involuntary plea grounds but not on actual innocence grounds. 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 1361743 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 indictment. 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Delivered: June 7, 2023 Do not publish