Holmes, Phillip ( 2014 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-82,030-01
    EX PARTE PHILLIP HOLMES, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 1424734-A IN THE 180TH 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
    cocaine and was sentenced to one hundred eighty days’ imprisonment in a state jail. He did not
    appeal his conviction.
    Applicant contends that newly discovered laboratory analysis in this case reflects that he did
    not possess any cocaine.
    Applicant’s claim is supported by the habeas record. Applicant is entitled to relief. Ex parte
    2
    Mable, ___ S.W.3d ___, No. WR-81,358-01(Tex. Crim. App. Sept. 17, 2014).
    Relief is granted. The judgment in Cause No. 1424734 in the 180th District Court of Harris
    County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to
    answer the charges as set out in the indictment. 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: December 17, 2014
    Do not publish
    

Document Info

Docket Number: WR-82,030-01

Filed Date: 12/17/2014

Precedential Status: Precedential

Modified Date: 9/16/2015