IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-85,670-01
EX PARTE ERIC ANTHONY MASSO, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1496119-A IN THE 184TH 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 and sentenced to 180 days in the state jail.
Applicant contends, after laboratory testing of the substance he possessed was made known
to him, that his guilty plea was involuntary. Ex parte Morrow, 952 S.W.2d 530, 534 (Tex. Crim.
App. 1997).The trial court finds, “At the time of Applicant’s offense, amphetamine in the
formulation present in this case had been approved by the FDA and could not support [the]
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conviction.” The trial court, with the State’s agreement, recommends that relief be granted. The
findings and recommendation are supported by the record.
Relief is granted. The judgment in Cause No. 1496119 in the 184th District Court of Harris
County is set aside, and Applicant, if in custody, 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: October 5, 2016
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