Opinion
WR-95,954-01
10-23-2024
EX PARTE JATORICK JOVON LEWIS, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1367291-A IN THE 248TH DISTRICT COURT FROM HARRIS COUNTY
Yeary, J., concurred.
OPINION
Per curiam.
Applicant pleaded guilty to possession of a controlled substance and was initially placed on deferred community supervision. Following the adjudication of his guilt, he was sentenced to six years' imprisonment. He did not appeal his conviction. 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, among other things, that his guilty plea was involuntary because at the time of his plea, he was not aware that the substance he possessed contained no controlled substances. 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 136729101010 in the 248th 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 information. 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.