Opinion
WR-95,707-02
10-09-2024
EX PARTE DERRICK EARL JOHNSON, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1147863-B IN THE 230TH DISTRICT COURT FROM HARRIS COUNTY
Yeary, J., concurred.
OPINION
PER CURIAM.
Applicant was convicted of possession of a controlled substance and sentenced to nine months' imprisonment. Applicant did not file a direct appeal. Applicant filed this application for a 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 plea was involuntary and violates due process because, at the time of his plea, he was not aware of a lab report that shows that the substance he possessed contained no controlled substances. The State agrees that Applicant is entitled to relief. Based on the record, this Court has determined that Applicant's plea was involuntary.
Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014); Brady v. United States, 397 U.S. 742 (1970). The judgment in cause number 1147863 in the 230th District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to answer the charges as set out in the indictment. The trial court shall issue any necessary bench warrant within ten days from the date of this Court's mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.