Vaughn, Tony Edward ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,339-01
TONY EDWARD VAUGHAN, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1608642-A
IN THE 208TH DISTRICT COURT FROM HARRIS COUNTY
Per curiam. YEARY and SLAUGHTER , JJ. concurred.
OPINION
Applicant pleaded guilty and was convicted of delivery of a controlled substance less than
one gram and sentenced to one hundred and eighty days’ imprisonment in state jail. 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 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. We agree. Applicant is entitled to relief.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in Cause No.
1608642 in the 208th Judicial District Court of Harris County is set aside, and Applicant is remanded
to the Harris County Sheriff to answer the charges as set out in the indictment. The trial court shall
issue any necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: January 11, 2023
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