The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-69,994-02
EX PARTE BENJAMIN JOHN SPENCER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W87-96524-T(B) IN THE 283RD DISTRICT COURT
FROM DALLAS COUNTY
Per curiam. Yeary, J., filed a dissenting opinion joined by Keller, P.J.
OPINION
Applicant was convicted of aggravated robbery with a deadly weapon and sentenced to life
imprisonment. The Fifth Court of Appeals affirmed his conviction. Spencer v. State, No.
05-88-00397-CR (Tex. App.—Dallas May 3, 1989). 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.
Among other claims, Applicant contends that he was improperly convicted based on false
testimony and Brady violations. In agreed findings of fact and conclusions of law, the trial court
finds “substantial and compelling evidence that supports the granting of relief requested.”
We agree. Relief is granted. Ex parte Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009);
2
Brady v. Maryland, 373 U.S. 83 (1963). The judgment in cause number F87-96524-T in the 283rd
District Court of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff
of Dallas 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: May 15, 2024
Do not publish