IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,489-01
EX PARTE DURAN DOMINIC SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1412730-A IN THE 232ND 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 attempted
possession of a controlled substance and was sentenced to three months’ imprisonment. He did not
appeal his conviction.
Applicant contends that his plea was involuntary because after he pleaded guilty, the
substance in his case was tested and determined to contain no illicit materials. The trial court made
findings of fact and conclusions of law and recommended that we grant relief. See Ex parte Mable,
2
443 S.W.3d 129 (Tex. Crim. App. 2014).
Relief is granted. The judgment in cause number 1412730 in the 232nd District Court of
Harris County is set aside, and if in custody, Applicant is remanded to the custody of the Sheriff of
Harris County to answer the charges as set out in the information. 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: August 24, 2016
Do not publish
Smith, Duran Dominic
Combined Opinion