Opinion
NO. WR-91,731-01
11-11-2020
EX PARTE AARON MATHEWS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1392768-A IN THE 208TH DISTRICT COURT FROM HARRIS COUNTY
Per curiam. ORDER
Applicant was convicted of manufacture and delivery of cocaine less than one gram and sentenced to 180 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 contends that his guilty plea was involuntary due to false evidence presented by an officer. He claims this Court's decision in Ex parte Coty, 418 S.W.3d 597, 605 (Tex. Crim. App. 2014) applies in this situation. We order that this application be filed and set for submission to determine whether the holding in Ex parte Coty applies to all state actors. The parties shall brief these issues. As this issue may affect the jurisprudence of the state, we invite the State Prosecuting Attorney of Texas to also file a brief.
Applicant appears to be represented by counsel. If not, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him. See TEX. CODE CRIM. PROC. art. 26.04. Within sixty days from the date of this order, the trial court shall send to this Court a supplemental transcript containing a confirmation that Applicant is represented by counsel, the order appointing counsel, or a statement that Applicant is not indigent or does not want to be represented by counsel. All briefs shall be filed with this Court within ninety days from the date of this order. Filed: November 11, 2020
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