Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
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Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Harris |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Brandon Patrick Baker was wrongly convicted of possession of a controlled substance in Harris County, Texas. Brandon Baker pled guilty and was sentenced to confinement. Baker later learned that crime laboratory testing of the substance in his possession was legal under FDA rules. He filed a habeas corpus petition to withdraw his guilty plea as involuntary based on the discovery he hadn't committed a crime. (See, Ex parte Morrow, 952 S.W.2d 530, 534 (Tex. Crim. App. 1997). The State didn't oppose Baker's petition and the trial court recommended granting of his petition, because: At the time of Applicants offense, amphetamine in the formulation present in this case had been approved by the FDA and could not support [the] conviction." On July 7, 2017 the Court of Criminal Appeals of Texas granted Baker's habeas petition because "the findings and recommendations are supported by the record." (Quotes from: Ex Parte Brandon Patrick Baker, No. WR-86,829-01 (Tx. Ct. of Crim. Appeals, 6-7-2017).)" |
Conviction Caused By: |
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Innocence Proved By: |
"On June 7, 2017 the Court of Criminal Appeals of Texas granted Brandon Baker's habeas petition." |
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Was Perpetrator Identified? |
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Sex: |
Male |
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Information Source 1: |
"Ex Parte Brandon Patrick Baker, No. WR-86,829-01 (Tx. Ct. of Crim. Appeals, 6-7-2017) (Habeas corpus writ granted based on post-conviction lab test that the substance in his possession was not an illegal substance under FDA regulations.)" |
Information Location 1: |
"http://www.search.txcourts.gov/Case.aspx?cn=WR-86,829-01" |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org