The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,798-01
EX PARTE GONZALO NUNCIO GONZALEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2018-2123-C1A IN THE 19TH DISTRICT COURT
FROM MCLENNAN COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to one count of assault of a public servant and one count of
possession of a controlled substance, and was sentenced to five years’ imprisonment on each count,
to run concurrently. He did not appeal his convictions. 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 the State failed to disclose
favorable evidence to the defense. Specifically, Applicant alleges that despite several requests, the
State did not provide the defense with videos from the dash cams and body cams of the arresting
officers. Applicant alleges that those videos, which were eventually provided to habeas counsel
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pursuant to a public information request, contained information that would have been helpful to
challenge the information contained in the police reports, to provide additional avenues for
investigation, and to potentially negotiate a more favorable plea agreement. Applicant alleges that
had the videos been provided to the defense when requested, he would not have pleaded guilty to
assault of a public servant but would have insisted on going to trial on the charges.
Based on the record, the trial court has determined that the State’s failure to provide the
videos to the defense rendered Applicant’s plea unknowing and involuntary, and that had the videos
been disclosed prior to trial, there is a reasonable probability that Applicant would not have pleaded
guilty but would have exercised his right to a jury trial.
Relief is granted. Brady v. Maryland, 373 U.S. 83, 87 (1963); Brady v. United States, 397
U.S. 742 (1970). The judgment in cause number 2018-2123-C1 in the 19th District Court of
McLennan County is set aside, and Applicant is remanded to the custody of the Sheriff of McLennan
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 27, 2022
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