Finch, Justin ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,548-01
EX PARTE JUSTIN FINCH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1481820-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, amphetamine, weighing less than one gram and sentenced to one year of
imprisonment in state jail. He did not appeal his conviction.
Applicant contends that newly discovered laboratory analysis in this case reflects that the
amphetamine in his possession was a United States Food and Drug Administration (FDA) approved
substance.
2
The State and the trial court agree that Applicant is entitled to relief. Applicant’s claim is
supported by the habeas record. Applicant is entitled to relief. Ex parte Mable, 443 S.W.3d 129
(Tex. Crim. App. 2014).
Relief is granted. The judgment in Cause No. 1481820 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 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: September 14, 2016
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