Nolan, James Henry Iii ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,425-01
EX PARTE JAMES HENRY NOLAN, III, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 22CR2706-83-1 IN THE 122ND DISTRICT COURT
FROM GALVESTON COUNTY
Per curiam. YEARY , J. filed a concurring opinion.
OPINION
Applicant was convicted of possession of a controlled substance and sentenced to one year
imprisonment. The 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 his plea was involuntary because at the time of his plea, he was not
aware that the substance he possessed contained no controlled substances. The State agrees. Based
on the record, the trial 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 22CR2706 in the 122nd District Court
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of Galveston County is set aside, and Applicant is remanded to the custody of the Sheriff of
Galveston 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.
Delivered: February 15, 2023
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