Nolan, James Henry Iii

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. 22CR2706-83-1 IN THE 122ND DISTRICT COURT
FROM GALVESTON COUNTY

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

OPINION

Applicant was convicted of possession of a controlled substance and sentenced to one year

imprisonment. The Applicant did not file a direct appeal. 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 at the time of his plea, he was not

aware that the substance he possessed contained no controlled substances. The State agrees. 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 22CR2706 in the 122nd District Court
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of Galveston County is set aside, and Applicant is remanded to the custody of the Sheriff of

Galveston 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 15, 2023
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