Opinion
NO. WR-90,525-01
07-01-2020
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1143421-A IN THE 185TH DISTRICT COURT FROM HARRIS COUNTY
Per curiam. OPINION
Applicant was convicted of possession of methamphetamine and sentenced to 90 days' imprisonment. 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 her plea was involuntary because it was induced by false evidence. Based on the record, the trial court has determined that Applicant's plea was involuntary because she would not have pleaded guilty but for the false evidence.
Although Applicant has discharged her sentence in this case, she has alleged that she is suffering collateral consequences from this conviction sufficient to allow this Court to consider her claim by way of habeas corpus. Ex parte Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2010).
Applicant contends that she was denied due process because the lab tech who tested the evidence seized in this case was Jonathan Salvador, who has since been discredited based on misconduct. Upon remand, the trial court and parties entered agreed findings of fact and conclusions of law. The trial court recommended that relief be granted.
Relief is granted. See Ex parte Coty, 418 S.W.3d 597 (Tex. Crim. App. 2014). The judgment in cause number 1143421-A in the 185th 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. The trial court shall issue any necessary bench warrant within ten days from the date of this Court's mandate. Delivered: July 1, 2020
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