Joseph, James Earl ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,593-01
EX PARTE JAMES EARL JOSEPH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 0297019-A IN THE 209TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. KELLER , P.J., KEASLER and YEARY , JJ., concur with result only.
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 charged with possession of
a controlled substance, phencyclidine, in an amount between 4 and 200 grams. Applicant pleaded
guilty and was placed on three years of deferred-adjudication probation. He was subsequently
adjudicated guilty and sentenced to two years’ imprisonment. He did not appeal.
The State’s testing of the substance revealed that Applicant possessed less than 4 grams.
Applicant argues that, in light of this new evidence, his guilty plea was involuntary and his
conviction violated due process. The State agrees with Applicant. Applicant and the State submitted
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agreed findings recommending that relief be granted. The trial court also recommends granting relief
because, in light of the laboratory report, Applicant’s decision to plead guilty was not voluntary and
intelligent. Brady v. United States, 397 U.S. 742 (1970); Ex parte Mable, 443 S.W.3d 129 (Tex.
Crim. App. 2014).
Relief is granted. The judgment in Cause No. 129701901010 in the 209th 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 11, 2019
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