Court of Criminal Appeals of Texas, 2025

Mills, Denise Elaine

Mills, Denise Elaine
Court of Criminal Appeals of Texas · Decided March 26, 2025

Mills, Denise Elaine

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,385-01

EX PARTE DENISE ELAINE MILLS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1420310-A TH IN THE 177 DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION Applicant pleaded guilty and was convicted of delivery of cocaine less than one gram and sentenced to one hundred and eighty days’ imprisonment in state jail. Applicant filed this application for 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 she did not know of the bad acts of the officer who implicated her in this alleged offense. The State and the trial court agree that Applicant’s 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 State and the trial court both recommend granting relief. We agree.

Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in Cause No. 1420310 in the 177th Judicial District Court of Harris County is set aside, and Applicant is remanded to the Harris County Sheriff to answer the charges as set out in the indictment. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional Institutions Division and Pardons and Paroles Division.

Delivered: MARCH 26, 2025 Do Not Publish

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