Johnson, Quincy Devon

Opinions

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,233-01

EX PARTE QUINCY DEVON JOHNSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1111229-A IN THE 180TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam. SCHENCK, P.J. filed a concurring opinion. YEARY, J. filed a dissenting opinion. FINLEY, J. filed a dissenting opinion. PARKER, J. filed a dissenting opinion. KEEL, J. dissented.

OPINION

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

and sentenced to five 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 2

a lab report showing that he possessed less than the required amount of controlled

substance to sustain the charge.

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 1111229

in the 180th District 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: September 17, 2026 Publish