IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-82,642-01 & WR-82,642-02
EX PARTE ROBERT CANTU, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 2008CR11211-W1 & 2008CR11212-W1
IN THE 175TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. YEARY , J., not participating.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two charges
of possession with intent to deliver a controlled substance and sentenced to fifteen years’
imprisonment in each case. The Fourth Court of Appeals affirmed his convictions. Cantu v. State,
Nos. 04-09-00521-CR & 04-09-00522-CR (Tex. App.—San Antonio, May 5, 2010) (not designated
for publication).
Applicant contends that he is actually innocent and that material impeaching evidence was
2
withheld from the defense in violation of Brady v. Maryland.1 Specifically, he argues the defense
was not made aware of misconduct on the part of arresting officers.
In agreed findings of fact and conclusions of law, the trial court determined that relief should
be granted under Brady, but that Applicant’s actual innocence claim under Schlup v. Delo2 is
unavailing because the constitutional claim upon which it is based is not procedurally barred. Ex
parte Villegas, 415 S.W.3d 885 (Tex. Crim. App. 2013). We agree with the trial court. Relief is
granted on the Brady claim. The judgments in Cause Nos. 2008CR11211 and 2008CR11212 in the
175th District Court of Bexar County are set aside, and Applicant is remanded to the custody of the
Sheriff of Bexar County 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: April 1, 2015
Do not publish
1
373 U.S. 83 (1963).
2
513 U.S. 298 (1995).
Cantu, Robert
Combined Opinion