Spencer, Benjamin John

• Court: Court of Criminal Appeals of Texas
• Decided: May 15, 2024
• Docket: WR-69,994-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-69,994-02

EX PARTE BENJAMIN JOHN SPENCER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W87-96524-T(B) IN THE 283RD DISTRICT COURT FROM DALLAS COUNTY

Per curiam. Yeary, J., filed a dissenting opinion joined by Keller, P.J.

OPINION

Applicant was convicted of aggravated robbery with a deadly weapon and sentenced to life

imprisonment. The Fifth Court of Appeals affirmed his conviction. Spencer v. State, No.

05-88-00397-CR (Tex. App.—Dallas May 3, 1989). 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.

Among other claims, Applicant contends that he was improperly convicted based on false

testimony and Brady violations. In agreed findings of fact and conclusions of law, the trial court

finds “substantial and compelling evidence that supports the granting of relief requested.”

We agree. Relief is granted. Ex parte Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009); 2

Brady v. Maryland, 373 U.S. 83 (1963). The judgment in cause number F87-96524-T in the 283rd

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

of Dallas 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Delivered: May 15, 2024 Do not publish