Opinion

Vance, Jeffery Lynn

Court
Court of Criminal Appeals of Texas
Filed
Jun 19, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 23.7%

The opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-32,316-02

EX PARTE JEFFREY LYNN VANCE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1169297-A IN THE 177TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam. YEARY, J., concurred.

OPINION

Applicant pleaded guilty to delivery of a controlled substance and was sentenced to nine

months’ imprisonment. Applicant did not appeal his 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 his case. Based on the record, the trial court has determined 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 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 1169297 in the 177th 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: June 19, 2024

Do not publish

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.