DocketNumber： WR-94,425-01
Filed Date： 2/15/2023
Status： Precedential
Modified Date： 2/19/2023
In the Court of Criminal Appeals of Texas ══════════ No. WR-94,425-01 ══════════ EX PARTE JAMES HENRY NOLAN, III, Applicant ═══════════════════════════════════════ On Application for a Writ of Habeas Corpus Cause No. 22-CR-2706-83-1 in the 122nd District Court From Galveston County ═══════════════════════════════════════ YEARY, J., filed a concurring opinion. Applicant pled guilty to possession of a controlled substance and was sentenced to one year imprisonment. After his plea, the Texas Department of Public Safety crime lab analyzed the substance possessed by Applicant. The lab issued a report showing that the substance did not actually contain any controlled substances. In this application for writ of habeas corpus, Applicant contends that his guilty plea was NOLAN – 2 involuntary, because at the time he pled guilty, all parties involved incorrectly believed that Applicant possessed a controlled substance. The Court agrees and grants relief under Ex parte Mable,443 S.W.3d 129
(Tex. Crim. App. 2014). For reasons I have previously stated in opinions such as my concurring opinion in Ex parte Warfield,618 S.W.3d 69
, 72–75 (Tex. Crim. App. 2021), and my concurring opinion in Ex parte Ohlemacher, No. WR-93,821-01,2023 WL 1424751
, at *1–2 (Tex. Crim. App. Feb. 1, 2023), I disagree that Applicant’s guilty plea was involuntary but nevertheless agree that Applicant is entitled to relief. Additionally, I continue to believe that this Court should overrule Mable. With these comments, I concur in the result. FILED: February 15, 2023 DO NOT PUBLISH