Dixon, Ray Edward

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,902-01
EX PARTE RAY EDWARD DIXON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1383372-A IN THE 174TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. Keasler and Yeary, JJ. concur.
OPINION
Applicant pleaded guilty and was convicted of possession of a controlled substance and
sentenced to three years’ imprisonment. 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 he was not made aware of a lab
report showing that he possessed less than the required four grams of controlled substance to sustain
the charge. Based on the record, the trial court has determined that Applicant’s plea was involuntary.
Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014), Brady v. United
States, 397 U.S. 742 (1970). The judgment in cause number 1383372 in the 174th District Court of
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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 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: February 26, 2020
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