Shelton, Frank Gregory

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,713-01

EX PARTE FRANK GREGORY SHELTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1334516-A IN THE 209TH DISTRICT COURT
FROM HARRIS COUNTY

Per curiam. YEARY, J. filed a dissenting opinion.

OPINION

Applicant was convicted of possession of a controlled substance and sentenced to two years’

imprisonment. 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 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 conviction violates due

process.

Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014); see also Brady

v. United States, 397 U.S. 742 (1970). The judgment in cause number 133451601010 in the 209th
2

District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff

of Harris County to answer the charge 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: 7/31/2024
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