Harris, Derek Jermaine

• Court: Court of Criminal Appeals of Texas
• Decided: April 24, 2024
• Docket: WR-94,870-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,870-01

EX PARTE DEREK JERMAINE HARRIS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1162180-A IN THE 337TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION

Applicant was convicted of manufacture or delivery of a controlled substance and sentenced

to 90 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 contends that his plea was involuntary because he did not know of the bad acts of

the officer who implicated him in this alleged offense. The State and the trial court agree that

Applicant’s plea was involuntary. Ex parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex

parte Coty, 418 S.W.3d 597 (Tex. Crim. App. 2014). The State and the trial court both recommend

granting relief. 2

We agree. Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment

in cause number 1162180 in the 337th 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Delivered: April 24, 2024 Do not publish