Gaston, Jeffery Lyn

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,789-01
EX PARTE JEFFERY LYN GASTON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1089301-A IN THE 179TH 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 pursuant to Section 12.44(a) of the Texas Penal Code to
sixty days in county jail. He did not appeal his conviction.
Applicant contends that his plea was involuntary and that his conviction violates due process
because several years 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. 1089301 in the 179th 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: February 25, 2015
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