Pierce, Milyn Aleaha

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,324-01
EX PARTE MILYN ALEAHA PIERCE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 14-05-05273-CR IN THE 9TH DISTRICT COURT
FROM MONTGOMERY 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 was convicted of possession of a
controlled substance and sentenced to six months’ imprisonment. She did not appeal her conviction.
Applicant contends that newly discovered laboratory analysis in this case reflects that she did
not possess a controlled substance.
Applicant’s claim is supported by the habeas record. Applicant is entitled to relief. Ex parte
Mable, ___ S.W.3d ___, No. WR-81,358-01(Tex. Crim. App. delivered September 17, 2014).
2
Relief is granted. The judgment in Cause No. 14-05-05273-CR in the 9th District Court of
Montgomery County is set aside, and Applicant is remanded to the custody of the Sheriff of
Montgomery 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: November 26, 2014
Do not publish