CourtListener 10030664•Shelton, Frank Gregory
Gesamter Gesetzestext
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,713-01
EX PARTE FRANK GREGORY SHELTON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1334516-A IN THE 209TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY, J. filed a dissenting opinion.
OPINION
Applicant was convicted of possession of a controlled substance and sentenced to two years’
imprisonment. 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 his plea was involuntary because he was not aware of a lab report
showing that he possessed less than the required four grams of controlled substance to sustain the
charge. Based on the record, the trial court has determined that Applicant’s conviction violates due
process.
Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014); see also Brady
v. United States, 397 U.S. 742 (1970). The judgment in cause number 133451601010 in the 209th
2
District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff
of Harris County to answer the charge 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.
Delivered: 7/31/2024
Do not publish
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