CourtListener 9758653•Thomas, Sharay Audrette
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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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