Ybarra, James Jacob

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,148-01

EX PARTE JAMES JACOB YBARRA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1437328-A
TH
IN THE 174 DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION

Applicant pleaded guilty and was convicted of delivery of a controlled substance less than

one gram and sentenced to twelve days’ imprisonment in county 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 his plea was involuntary because he did not know of the bad acts of

the officer who implicated him 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. Applicant is entitled to relief.

Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in Cause No.

143732801010 in the 174th 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: January 10, 2024
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