Parrish, Benjamin

• Court: Court of Criminal Appeals of Texas
• Decided: February 10, 2016
• Docket: WR-83,182-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-83,182-01

EX PARTE BENJAMIN PARRISH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1429163-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 pleaded guilty to possession of a

controlled substance, to-wit: methylenedioxy methamphetamine (MDMA) in an amount of four

grams or more but less than four hundred 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 the evidence in this case was tested and found not to contain any MDMA, although the lab 2

test shows that the evidence contained methamphetamine.

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, and that his conviction for possession of MDMA violates due process. Applicant

is entitled to relief. Ex parte Mable, 443 S.W. 3d 129 (Tex. Crim. App. 2014).

Relief is granted. The judgment in Cause No. 142916301010 in the 184th District Court of

Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris 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Delivered: February 10, 2016 Do not publish