Renchie, Shanta ( 2023 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-94,940-01
    SHANTA RENCHIE, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 1537886-A
    TH
    IN THE 337 DISTRICT COURT FROM HARRIS COUNTY
    Per curiam. YEARY, J., concurred.
    OPINION
    Applicant pleaded guilty to of delivery of a controlled substance and was sentenced pursuant
    to Section 12.44(a) of the Texas Penal Code to ninety days’ imprisonment in county 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 she was denied due process and that her plea was involuntary
    because she did not know of the bad acts of the officer who implicated her in this alleged offense.
    The State and the trial court agree that the presumptively false evidence used to justify the arrest of
    Applicant was material, and that her 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.
    153788601010 in the 337th 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:    AUGUST 23, 2023
    Do Not Publish
    

Document Info

Docket Number: WR-94,940-01

Filed Date: 8/23/2023

Precedential Status: Precedential

Modified Date: 8/27/2023