Williams, Jermey Algonon ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,307-01
EX PARTE JERMEY ALGONON WILLIAMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1419256 IN THE 183RD 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 pleaded guilty to possession of a
controlled substance, and was sentenced to three years’ imprisonment. He did not appeal his
conviction.
Applicant contends that his plea was involuntary because the substance he possessed was
tested after his plea and found not to contain MDMA, the controlled substance Applicant pleaded
guilty to possessing. Applicant is entitled to relief. Ex parte Mable, 2014 Tex. Crim. App. LEXIS
974 (Tex. Crim. App. Sept. 17, 2014). Applicant cannot be said to have entered his plea knowingly
and intelligently while operating under a misunderstanding regarding the facts and relevant
circumstances of the case. Relief is granted. The judgment in Cause No. 1419256 in the 183rd
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 against him. 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: November 19, 2014
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