Turner, Lamarcus ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,964-01
EX PARTE LAMARCUS TURNER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-14-300921-A IN THE 147TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam. YEARY , J., filed a dissenting opinion in which KELLER , P.J., joined only
as to Part I. KEEL, AND SLAUGHTER , JJ. dissented.
OPINION
Applicant pleaded guilty to possession of a controlled substance with intent to deliver cocaine
and was sentenced to ten years’ imprisonment pursuant to a plea bargain. He did not appeal his
conviction. 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 new scientific evidence reveals that
inconclusive and unreliable DNA evidence was relied upon to secure his plea. The State and the
habeas court both agree that he is entitled to relief on the basis of Texas Code of Criminal Procedure
Article 11.073 and an involuntary plea.
2
We agree. Relief is granted. Brady v. United States, 397 U.S. 742 (1970); TEX . CODE CRIM .
PROC. art. 11.073. The judgment in cause number D-1-DC-14-300921 in the 147th District Court
of Travis County is set aside, and Applicant is remanded to the custody of the Sheriff of Travis
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: December 15, 2021
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