Carpenter, Thomas Allen III

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,319-01

EX PARTE THOMAS ALLEN CARPENTER III, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23-CR-1575-83-1 IN THE 405TH DISTRICT COURT
FROM GALVESTON COUNTY

Per curiam. Yeary, J., filed a concurring opinion. Slaughter, J., did not participate.

OPINION

Applicant pleaded guilty, was convicted of possession of a third-degree felony amount of

methamphetamine, and was sentenced to two years’ imprisonment. Applicant, through habeas

counsel, 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. Lab results from after the guilty plea show

that the amount of methamphetamine Applicant possessed was less than that to which he pled guilty.

The difference is between a third-degree felony and a state-jail felony. H&S 481.115 (b), (c). The

trial court, with the State’s agreement, has entered findings and recommends that this Court grant

habeas relief based on an involuntary guilty plea. The record and applicable law supports the trial
2

court’s findings and recommendation. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014).

Relief is granted. The judgment in cause number 23CR1575 in the 405th District Court of

Galveston County is set aside, and Applicant is remanded to the custody of the Sheriff of Galveston

County to answer the charge as set out in the inforamtion. 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: January 10, 2024
Do not publish