The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,796-01
EX PARTE CALVIN TRUVAUGHN POWELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1198204-A IN THE 185TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY, J., filed a dissenting opinion in which KELLER, P.J., joined.
OPINION
Applicant was convicted of possession with intent to deliver a controlled substance and
sentenced to five years’ imprisonment. Applicant filed this application for 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 alleges that his guilty plea was involuntary due to the use of false evidence, and
he was denied due process when the State used material false evidence to induce his guilty plea.
Applicant’s grounds concern the discovery of misconduct by former Houston Police Officer Gerald
Goines, whose allegations prompted the issuance of a search warrant for Applicant’s residence.
Based on the record, the trial court found that Applicant’s guilty plea was involuntary because it was
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induced by false evidence provided by Goines. 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 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 1198204 in the 185th 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: December 11, 2024
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