Daigle, Prentice Lester ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,417-01
EX PARTE PRENTICE LESTER DAIGLE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1144579-A IN THE 177TH 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). On December 10, 2007, Applicant pleaded
guilty to possession of a controlled substance and was placed on two years’ deferred adjudication
community supervision. On October 30, 2008, Applicant’s guilt was adjudicated, and he was
sentenced to fifteen months’ state jail imprisonment. He did not appeal his conviction.
On August 2, 2010, the evidence in Applicant’s case was tested at the Houston Police
Department Crime Laboratory and found to contain no identifiable controlled substances. Applicant
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contends that his plea was involuntary because it was not a voluntary and intelligent choice among
the alternative courses of action open to him at the time of the plea. Although Applicant has
discharged his sentence in this case, he alleges sufficient collateral consequences to allow this Court
to address his claims by way of Article 11.07 habeas corpus. See Ex parte Harrington, 310 S.W.3d
452, 456-58 (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. 1144579 in the 177th 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 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: August 24, 2016
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