Johnson, Chad Everett ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,823-01
EX PARTE CHAD E. JOHNSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 139837401010
TH
IN THE 177 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 writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty and was convicted
of possession of a controlled substance between one and four grams, and sentenced to four years’
imprisonment. He did not appeal his conviction.
After Applicant pleaded guilty and was sentenced, the laboratory report from the Houston
Forensic Science Center revealed that the evidence in this case weighed less than one gram.
Applicant is entitled to relief. State v. Wilson, 324 S.W.3d 595, 598 (Tex. Crim. App. 2010).
2
Relief is granted. The judgment in Cause No. 139837401010 in the 177th Judicial District
Court of Harris County is set aside, and Applicant is remanded to the Harris County Sheriff to
answer the charge against him. 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: September 17, 2014
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