Wrongly Convicted Database Record

 

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Carlos Flores

 

Charge:

Assault (Including Battery)

Sentence:

3 years

Years Imprisoned:

1.5

Year Crime:

2009

Year Convicted:

2013

Year Cleared:

2015

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Bexar

City of Crime:

San Antonio

Result:

Judicially Exonerated

Summary of Case:

"Carlos Flores was wrongly convicted on December 6, 2011 of assault on a public servant, based on an incident involving a San Antonio, Texas police officer on October 23, 2009. Flores pled no contest in exchange for deferred adjudication and a suspended 4 year prison sentence (probation pending good behavior), 350 hrs community service, and $2,300 restitution, In May 2013 Flores' was adjudicated guilty and sentenced to serve three years in prison based on his failure to complete the terms of his conditional release. Facing deportation upon his release from prison, Flores filed a state habeas corpus petition in October 2014 to withdraw his plea based on the prosecution's failure to disclose prior to his plea that the officer who arrested him had been suspended for 30 days without pay for filing a false report of his arrest of Flores and for failing to take Flores for medical treatment on the day of the arrest. During the subsequent hearing the Bexar County DA did not oppose Flores' petition, and the trial judge recommended it be granted. On September 16, 2015 the Texas Court of Criminal Appeals granted Flores' petition vacating his plea based on the prosecution's failure to disclose the favorble evidence prior to Flores' plea. The Bexas County DA filed a motion to dismiss Flores' charges, which was granted on October 21, 2015."

Conviction Caused By:

Prosecutor misconduct of failing to disclose evidence favorable to Flores as required by Brady v. Maryland (1963).

Innocence Proved By:

"On September 16, 2015 the Texas Court of Criminal Appeals granted Flores' petition vacating his plea. The Bexas County DA filed a motion to dismiss Flores' charges, which was granted on October 21, 2015."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

45

Age When Released:

46

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"Ex Parte Carlos Flores, No. WR-83,749-01 (Tex. Ct. of Crim. Appeals, 9-16-2015) (Unpublished) (Granting petition based on the prosecution's failure to disclose favorable evidence prior to Flores' guilty plea.)"

Information Location 1:

http://www.search.txcourts.gov/RetrieveDocument.aspx?DocId=3969&Index=\\OCA-PSQL01.courts.state.tx.us\TamesIndexes\cca\Opinion

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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