Flowers, Christopher Dewayne

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,786-01
EX PARTE CHRISTOPHER DEWAYNE FLOWERS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1361743-A IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY , J., filed a concurring opinion. KEEL, J., did not participate.
OPINION
Applicant was convicted of delivery of a controlled substance and sentenced to ninety days’
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 raises claims of false evidence, involuntary plea, and actual innocence 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 found 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
2
S.W.3d 597 (Tex. Crim. App. 2014). The State and trial court both recommend granting relief on
false evidence and involuntary plea grounds but not on actual innocence grounds. 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 1361743 in the 232nd 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: June 7, 2023
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