Opinion
Nos. AP-76,308 AP-76,309
Filed: March 3, 2010. DO NOT PUBLISH.
On Applications for a Writ of Habeas Corpus Cause Nos. 1030953 and 1030954 in the 179th District Court from Harris County.
ORDER
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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and sexual assault of a child. He was sentenced to, respectively, twenty-eight years' and twenty years' imprisonment. Applicant contends that the State suppressed evidence that was material to punishment in both causes. We order that these applications be filed and set for submission to determine whether the State violated Brady when it failed to turn over offense reports and e-mails located in the State's work-product folder and, if so, whether the violation created a reasonable probability that, had the evidence been disclosed to the defense, the result would have been different as to the punishments. The parties shall brief these issues. It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. TEX. CODE CRIM. PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before May 25, 2010.
Brady v. Maryland, 373 U.S. 83 (1963).