Tiller, Chad Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: May 25, 2016
• Docket: WR-85,058-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-85,058-01

EX PARTE CHAD WAYNE TILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 15-08-08855-CR(1) IN THE 410 DISTRICT COURT FROM MONTGOMERY COUNTY

Per curiam.

ORDER

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 three years’ imprisonment. He did not appeal his conviction.

Applicant states as his ground for relief, “Received labs from Texas Department of Public

Safety.” As supporting facts, he states, “Lab results came back negative, no controlled substance was

found.” The trial court recommends in its agreed findings that this Court grant relief due to an

involuntary plea. It finds that Applicant entered his plea of guilty in the mistaken belief that he

possessed a controlled substance and that Applicant’s plea of guilty in this case was not knowingly 2

and voluntarily entered. There are no lab results in the habeas record, however, so the findings are

not currently supported. The trial court shall have the habeas record to this Court supplemented with

the lab results.

This application will be held in abeyance until the trial court has had the habeas record to this

Court supplemented, which shall be within 30 days of the date this order. Any extensions of time

shall be obtained from this Court.

Filed: May 25, 2016 Do not publish