IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,722-01
EX PARTE KEITH ALLEN GOLDEN II, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 15-01-00374-CR-(1) IN THE 410TH DISTRICT COURT
FROM MONTGOMERY 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). In count one of this cause, Applicant was
convicted of possession of a controlled substance in an amount of more than one gram but less than
four grams, and was sentenced to two years’ imprisonment. He did not appeal his conviction.
Applicant contends that his plea was involuntary and that his conviction violates due process
because after he entered his plea, the evidence in his case was tested and found to weigh less than
one gram.
2
The parties have entered agreed findings of fact and conclusions of law, and the trial court
has determined that Applicant’s decision to plead guilty in this case was not a voluntary and
intelligent choice. Applicant is entitled to relief. Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App.
2014).
Relief is granted. Count one of the judgment in Cause No. 15-01-00374-CR in the 410th
District Court of Montgomery County is set aside, and Applicant is remanded to the custody of the
Sheriff of Montgomery 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 16, 2015
Do not publish