The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,475-01
EX PARTE TONY EMIL LOVE JR, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1408920-A IN THE 232nd DISTRICT COURT FROM HARRIS COUNTY
Per curiam. YEARY, J. filed a dissenting opinion in which KELLER, P.J., joined.
KEEL, J. did not participate.
OPINION
Applicant pleaded guilty, was convicted of possession of marijuana, and sentenced to thirteen
months’ 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 a lab report
showing that he possessed less than the required four ounces of marijuana to sustain the charge.
Based on the record, the trial court has determined that Applicant’s plea was involuntary.
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 140892001010 in the 232nd District
2
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: April 3, 2024
Do not publish