The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,132-01
EX PARTE JOYCE LATRICE COBY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1387766-A IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. KEEL, J., did not participate.
OPINION
Applicant pleaded guilty to delivery of cocaine and was sentenced to eight months’
imprisonment. Applicant did not appeal her 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 her case. Based on the record, the trial court has determined that Applicant was denied
due process by the use of false evidence against her and that her 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 138776601010 in the 232nd
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: November 15, 2023
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