Thompson, Charles Edward

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,601-01
EX PARTE CHARLES EDWARD THOMPSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1380303-A IN THE 179TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. KELLER , P.J. filed a dissenting opinion in which KEEL and SLAUGHTER ,
JJ., joined. YEARY , J., filed a dissenting opinion.
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 two years’ imprisonment. He did not appeal his conviction.
Applicant contends that his plea was involuntary because a newly disclosed laboratory report
shows that he possessed less than one gram of cocaine. He was charged with the third degree felony
of possession of cocaine in an amount of one gram or more but less than four grams. Applicant was
admonished as to the penalty range for a third degree felony. However, after Applicant’s conviction
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became final, the laboratory report was disclosed showing that the substance Applicant possessed
weighed less than one gram. Because this quantity of cocaine would have only supported a charge
and conviction for a state jail felony, the State agreed that Applicant’s plea was not knowingly and
voluntarily entered. The trial court determined that Applicant’s decision to plead guilty in this case
was not a voluntary and intelligent choice. Brady v. United States, 397 U.S. 742 (1969); Ex parte
Mable, 443 S.W.3d 129, 131 (Tex. Crim. App. 2014).
Relief is granted. The judgment in Cause No. 138030301010 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: October 2, 2019
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