Hooper, Richard

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,426-01

EX PARTE RICHARD LEE HOOPER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1487418-A IN THE 184TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam. KELLER, P.J. filed a dissenting opinion joined by YEARY, KEEL, and SLAUGHTER, JJ. YEARY, J. filed a dissenting opinion.

OPINION

Applicant pleaded guilty, was convicted of possession of a controlled substance, and

sentenced to three years’ imprisonment in this cause. 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 he was not aware of a lab report

showing that he possessed less than the required four grams of controlled substance to sustain the

charge. Based on the record, the trial court has determined that Applicant’s plea was involuntary.

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 148741801010 in the 184th District 2

Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris

County to answer the charge as set out in the indictment. The trial court shall issue any necessary

bench warrant within ten days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: March 6, 2024 Do not publish