Thomas, Sharay Audrette

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,674-01

EX PARTE SHARAY AUDRETTE THOMAS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1388776-A IN THE 262ND DISTRICT COURT
FROM HARRIS COUNTY

Per curiam. YEARY, J., filed a dissenting opinion in which KELLER, P.J., joined.

OPINION

Applicant pleaded guilty to delivery of cocaine, less than one gram, and was sentenced to

180 days’ imprisonment in State Jail. 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 has discharged this sentence. The habeas court finds credible Applicant’s

assertion that she continues to suffer consequences arising from this conviction, including its

negative effects on her ability to find employment and housing. Therefore, Applicant is

“confined” for purposes of Article 11.07.

Applicant claims that she was denied due process through the use of material false
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evidence, and that her guilty plea was involuntary. These claims relate to the discovery of

misconduct by former Houston Police Officer Gerald Goines, who was the primary officer

involved in the alleged offense. Based on the record, the habeas court finds that Applicant was

denied due process by the use of material false evidence against her, and that Applicant’s guilty

plea was involuntary. Ex parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex parte

Coty, 418 S.W.3d 597 (Tex. Crim. App. 2014). The habeas court recommends granting relief on

false evidence and involuntary plea grounds. We agree.

Relief is granted. Ex parte Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009). The

judgment in cause number 138877601010 in the 262nd District Court of Harris County is set

aside. Applicant shall answer the charges as set out in the indictment. The trial court shall issue

any necessary orders 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 19, 2024
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