The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,325-01
EX PARTE CHRISTINE MICHELLE HOLMES,
A.K.A. CHRISTINE MICHELLE HILLER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 23-04-05568 (1) IN THE 9TH DISTRICT COURT
FROM MONTGOMERY COUNTY
Per curiam. YEARY, J., had a concurring opinion.
OPINION
Applicant was convicted of possession of a controlled substance in PG 1, in an amount less
than 1 gram, and sentenced to 30 days’ Montgomery County Jail. See TEX. PENAL CODE § 12.44(a).
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 her plea was involuntary because at the time of her plea, she was not
aware that the substance she possessed contained no controlled substances. The State agrees. Based
on the record, the trial court has determined that Applicant’s plea was involuntary.
2
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 23-04-05568 in the 9th District Court
of Montgomery County is set aside, and Applicant is remanded to the custody of the Sheriff of
Montgomery County to answer the charges 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: January 24, 2024
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