Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
7 months |
Years Imprisoned: |
0.49 |
Year Crime: |
2009 |
Year Convicted: |
2009 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Harris |
City of Crime: |
Houston |
Result: |
Judicially Exonerated |
Summary of Case: |
"Humberto Cantu was wrongly convicted on October 19, 2009 of possession of less than one gram of cocaine in Houston, Texas. Cantu pled guilty and was sentenced to seven months in state jail. In 2010 post-conviction testing discovered that the substance in Cantu's possession was not a controlled substance. In 2017 Cantu filed a writ of habeas corpus that claimed his plea was involuntary because he did not have sufficient awareness of the facts or an understanding of the law in relation to the facts at the time of the plea. Although Cantu completed his sentence upon his released from jail on May 12, 2010, he asserted the court had jurisdiction to consider his petition because he suffers continuing consequences from this conviction sufficient to allow the court to address the merits of his claim. The Harris County District Attorney's Office did not oppose Cantu's petition. The habeas judge recommended in October 2017 that the petition be granted and he be allowed to withdraw his guilty plea under Ex parte Mable, 443 S.W.3d 129 (Tex. Crim. App. 2014). On December 6, 2017 the Texas Court of Criminal Appeals agreed with the District Court's recommendation and granted Cantu's writ of habeas corpus. The Harris County District Attorney's declined to retry Cantu, and their motion to dismiss the charge against him was granted on January 4, 2018." |
Conviction Caused By: |
Erroneous presumptive drug test. |
Innocence Proved By: |
"On December 6, 2017 the Texas Court of Criminal Appeals agreed with the District Court's recommendation and granted Cantu's writ of habeas corpus." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
26 |
Age When Released: |
27 |
Sex: |
Male |
Skin/Ethnicity: |
Hispanic |
Information Source 1: |
"Ex parte Humberto Cantu, No. WR-87,689-01 (Tex. Court of Criminal Appeals 12-6-2017) (Granting habeas corpus petition.)" |
Information Location 1: |
http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=1a9b610f-303d-4819-8a36-5ccda7932752&coa=coscca&DT=OPINION&MediaID=05a3844f-cb7e-4a4f-8315-4a40e3885650 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org