Johnson, Stanley Lee

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,630-01

EX PARTE STANLEY LEE JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1087344-A IN THE 230TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam. KELLER, P.J. filed a dissenting opinion joined by S LAUGHTER, J.
YEARY, J. filed a dissenting opinion.

OPINION

Applicant pleaded guilty, was convicted of possession of a controlled substance, and

sentenced to two years’ imprisonment in this cause. 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 and violates due process 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 amount of drugs possess was less than four

grams.

Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014), Brady v. United
2

States, 397 U.S. 742 (1970). The judgment in cause number 1087344 in the 230th 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: June 19, 2024
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