IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,821-01
EX PARTE JESSE RAY OHLEMACHER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1394386-A IN THE 339TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY , J., filed a concurring opinion.
OPINION
Applicant was convicted of possession of cocaine, a penalty group one substance, in the
amount of less than one gram, and was sentenced to 180 days in state jail. Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends that his plea was involuntary because after his conviction, the substance
was tested and determined to be A-PVP, a penalty group two controlled substance. Applicant was
unaware of the 2013 lab report until the District Attorney sent him a letter in 2021. He contends he
is entitled to relief based on a due process violation or an involuntary plea claim because he did not
know when he entered his guilty plea and was convicted that he did not in fact possess a penalty
2
group one substance.
Based on the record, the trial court has determined that Applicant’s conviction violated due
process and his guilty plea was involuntary. The lab report established that Applicant possessed a
penalty group two controlled substance. Therefore, Applicant is entitled to relief. The trial court’s
findings of fact and conclusions of law are supported by the record.
Relief is granted. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014), Brady v. United
States, 397 U.S. 742 (1970). The judgment in cause number 139438601010 in the 339th District
Court of Harris County is set aside. We remand this case to the trial court for further proceedings.
See Ex parte Harrington, 310 S.W.3d 452, 460 (Tex. Crim. App. 2010).
Delivered: February 1, 2023
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