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Pines, Frank
WR-85,119-01
| Tex. Crim. App. | Aug 24, 2016
|
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Case Information

*1 IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-85,119-01

EX PARTE FRANK PINES, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1088871-A IN THE 232ND DISTRICT COURT FROM HARRIS COUNTY

Per curiam .

O P I N I O N

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 cocaine.

Applicant contends that newly discovered laboratory analysis in this case reflects that he did not possess any controlled substance. Applicant’s claim is supported by the habeas record, and the State and the trial court agree that Applicant is entitled to habeas relief. See Ex parte Mable , 443 S.W.3d 129 (Tex. Crim. App. 2014).

2 Relief is granted. The judgment in Cause No. 1088871 in the 232nd 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 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: August 24, 2016

Do not publish

Case Details

Case Name: Pines, Frank
Court Name: Court of Criminal Appeals of Texas
Date Published: Aug 24, 2016
Docket Number: WR-85,119-01
Court Abbreviation: Tex. Crim. App.
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