Pena, Martin
WR-84,073-01
| Tex. Crim. App. | Nov 15, 2017Background
- Martin Pena pled guilty (Oct. 2013) to possession with intent to deliver ≥400 g cocaine; sentenced to statutory minimum 15 years and $1,000 fine and did not appeal.
- Traffic stop led to seizure of ~26 kg mixture that field-tested positive for cocaine; Pena gave a statement admitting he transported the vehicle for pay.
- Post-conviction investigators discovered Officer Marcos Carrion participated in a drug-swapping scheme: replacing traffickers’ cocaine with sheetrock/fillers and trace cocaine so seized ‘‘drugs’’ would field-test positive.
- Carrion was federally indicted and convicted; DEA testing of the drugs seized from Pena later showed only trace amounts of cocaine.
- Habeas court found Carrion fabricated/tampered with evidence and was essential to Pena’s conviction, recommended relief under Brady and that Pena’s plea was involuntary.
- Texas Court of Criminal Appeals granted briefing, then rejected relief, holding Carrion’s misconduct was impeachment evidence not subject to preguilty-plea Brady disclosure and that Pena’s plea was not involuntary on that basis.
Issues
| Issue | Plaintiff's Argument (Pena) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Carrion’s misconduct is favorable (Brady) | Carrion fabricated evidence making seized drugs inadmissible/exculpatory or at least impeaching—Brady required disclosure preguilty plea | Misconduct is impeachment information only; Ruiz bars requirement to disclose impeachment info before plea | Misconduct is impeachment evidence, not exculpatory for Brady preguilty plea; no disclosure required |
| Whether seized substance was the "real" cocaine Pena was convicted of possessing | Pena: conviction based on traffickers’ original cocaine (which he never possessed) or on fabricated evidence, so conviction rests on false evidence | State: conviction is based on the actual substance seized from Pena’s vehicle; Texas law treats mixtures/adulterants as controlled substance | Court: Pena convicted for the mixture seized; Health & Safety Code definition means the seized mixture qualifies as cocaine for conviction |
| Whether Carrion’s actions required suppression under Texas exclusionary rule (art. 38.23 / §37.09) | Carrion tampered/fabricated the drugs before Pena possessed them, so evidence should be suppressed under Wilson/§37.09 | Section 37.09 requires officer knew an investigation was pending and misconduct occurred in a manner subjecting earlier-obtained evidence to suppression; here misconduct predated Pena’s possession and does not meet statute’s timing/scope | Court: Wilson distinguishable; Pena cannot show tampering within §37.09’s meaning and exclusion under art. 38.23 is not warranted |
| Whether Pena’s guilty plea was involuntary due to nondisclosure of Carrion misconduct | Pena: would have insisted on trial if he knew of Carrion’s conduct; Brady violation rendered plea involuntary | State: nondisclosure of impeachment information does not render a plea involuntary under Ruiz; no duty to disclose impeachment prior to plea | Court: plea not involuntary on this basis; under Ruiz and Texas precedent impeachment need not be disclosed preguilty plea, so no relief |
Key Cases Cited
- Ex parte Reed, 271 S.W.3d 698 (Tex. Crim. App.) (deference and ultimate factfinding in post-conviction writ proceedings)
- Wilson v. State, 311 S.W.3d 452 (Tex. Crim. App. 2010) (fabricated documentary evidence used to obtain confession requires suppression)
- United States v. Ruiz, 536 U.S. 622 (2002) (prosecution need not disclose impeachment information preguilty plea)
- Ex parte Palmberg, 491 S.W.3d 804 (Tex. Crim. App. 2016) (discussing Ruiz and preguilty-plea disclosure limits)
- Martinez v. State, 91 S.W.3d 331 (Tex. Crim. App. 2002) (statutory suppression rule addresses evidence of a prior crime, not crime committed after illegal conduct)
- United States v. Agurs, 427 U.S. 97 (1976) (Brady/constitutional disclosure principles)