Johnson, Johnathan Jeroid ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,315-01
EX PARTE JOHNATHAN JEROID JOHNSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1316114-A IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to possession of a
controlled substance and was sentenced to two years’ imprisonment. He did not appeal his
conviction.
Applicant contends that his plea was involuntary and that his conviction violates due process
because after he entered his plea, the evidence in his case was tested and found not to contain any
controlled substance or dangerous drug. Although Applicant has discharged his sentence in this
case, he alleges that he is suffering continuing consequences as a result of this conviction. Those
continuing consequences are sufficient to allow this Court to address his claims. Ex parte
Harrington, 310 S.W.3d 452, 456-57 (Tex. Crim. App. 2010).
The parties have entered agreed findings of fact and conclusions of law, and the trial court
has determined that Applicant’s decision to plead guilty in this case was not a voluntary and
intelligent choice. Applicant is entitled to relief. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App.
2014).
Relief is granted. The judgment in Cause No. 131611401010 in the 232nd District Court of
Harris County is set aside.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: June 27, 2016
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