Dixon, Isaac ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,309-01
EX PARTE ISAAC DIXON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1435751-A IN THE 230TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a
controlled substance and sentenced to ninety days in the county jail. He did not appeal his
conviction.
Applicant contends that his plea was involuntary and his due process rights were violated
because subsequent forensic testing has revealed that the substance contained no illicit materials.
The State and the trial court agree that Applicant is entitled to relief.
2
Relief is granted. See Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014). The
judgment in cause number 1435751 in the 230th District Court of Harris County is set aside, and
if in custody, Applicant is remanded to the custody of the Sheriff of Harris County to answer the
charges as set out in the information. The trial court shall issue any necessary bench warrant within
10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: June 10, 2015
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