Toney, Ex Parte Michael Roy

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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                                                           NO. AP-76,056

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EX PARTE MICHAEL ROY TONEY, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 0676220D IN THE 297^TH DISTRICT COURT

TARRANT COUNTY

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           Per Curiam. KELLER, P.J., would file and set. MEYERS, J., dissents.

O P I N I O N

           In his subsequent application for a writ of habeas corpus, Applicant claimed that the State failed to disclose material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963). We determined that Applicant had met the requirements of Code of Criminal Procedure Article 11.071, § 5, and we remanded to the trial court to resolve the claim and to issue findings of fact and conclusions of law. After remand, the trial court signed “Agreed Proposed Findings of Fact & Conclusions of Law” recommending that relief be granted on Applicant’s Brady claims. Brady v. Maryland, 373 U.S. 83 (1963). We have reviewed the record and the agreed findings of fact and conclusions of law, and we conclude that they are supported by the record. Accordingly, we grant relief on Applicant’s Brady claims, and we remand the cause for a new trial.

DELIVERED: December 17, 2008

DO NOT PUBLISH