Flores, Carlos

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,749-01
EX PARTE CARLOS FLORES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2010CR1571-W1 IN THE 290TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. Yeary, J., not participating.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to assault on a
public servant in exchange for deferred adjudication community supervision. He was later
adjudicated guilty and sentenced to three years’ imprisonment. He waived his right to appeal the
conviction.
Applicant contends, among other things, that the State failed to disclose favorable evidence
to the defense at the time of his original plea. Specifically, Applicant alleges that the arresting
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officer and complainant in this case was suspended for 30 days for misconduct in connection with
Applicant’s case. This information was not disclosed to the defense before Applicant entered his
plea, and is consistent with Applicant’s contention that he did not intentionally or knowingly assault
the officer.
The trial court conducted a habeas hearing, and the parties agree that the information
regarding the disciplinary action against the arresting officer should have been but was not disclosed
to the defense in this case. Brady v. Maryland, 373 U.S. 83 (1963); Kyles v. Whitley, 514 U.S. 419
(1995). Relief is granted. The judgment in Cause No. 2010CR1571 in the 290th District Court of
Bexar County is set aside, and Applicant is remanded to the custody of the Sheriff of Bexar County
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: September 16, 2015
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