The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,870-01
EX PARTE DEREK JERMAINE HARRIS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1162180-A IN THE 337TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Applicant was convicted of manufacture or delivery of a controlled substance and sentenced
to 90 days imprisonment. Applicant did not file a direct appeal. 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 he did not know of the bad acts of
the officer who implicated him in this alleged offense. The State and the trial court agree that
Applicant’s plea was involuntary. 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 the trial court both recommend
granting relief.
2
We agree. Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment
in cause number 1162180 in the 337th 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: April 24, 2024
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