Bell, Roderick Dwayne ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,159-01
EX PARTE RODERICK DWAYNE BELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1368124-A IN THE 174TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to manufacture/delivery of a controlled substance and was sentenced
to nine months’ imprisonment. Applicant did not appeal his 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 his case. Based on the record, the trial court has determined that Applicant was denied
due process by the use of false evidence against him and that his 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 136812401010 in the 174th
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: December 6, 2023
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