Mitchell, Dequentun Trey ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,208-01
EX PARTE DEQUENTUN TREY MITCHELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1482604-A IN THE 180TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to delivery of a controlled substance and was sentenced to one year
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 claims that he was denied due process through the use of material false evidence,
and that his guilty plea was involuntary. These claims relate to the discovery of misconduct by
former Houston Police Officer Gerald Goines, who was the primary officer involved in the alleged
offense. Based on the record, the habeas court finds that Applicant was denied due process by the
use of material false evidence against him, and that Applicant’s guilty plea was involuntary. Ex parte
2
Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex parte Coty, 418 S.W.3d 597 (Tex. Crim.
App. 2014). The habeas court recommends granting relief on false evidence and involuntary plea
grounds. We agree.
Relief is granted. Ex parte Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009). The
judgment in cause number 148260401010 in the 180th District Court of Harris County is set aside.
Applicant shall answer the charges as set out in the indictment. The trial court shall issue any
necessary orders 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 13, 2023
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