Wrongly Convicted Database Record
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Charge: |
Drug Related (Possession or sale) |
Sentence: |
365 days |
Years Imprisoned: |
0.67 |
Year Crime: |
2013 |
Year Convicted: |
2014 |
Year Cleared: |
2017 |
U.S. State or Country of Crime: |
Texas |
County or Region of Crime: |
Montgomery |
City of Crime: |
Trinity |
Result: |
Judicially Exonerated |
Summary of Case: |
"April Degeorge Grotton was wrongly convicted on December 4, 2013 of being in possession of a controlled substance in Montgomery County, Texas. April Grotton was arrested on May 23, 2013 based on a positive field test for the presence of methamphetamine on cotton ear swabs in her possession. Grotton pled guilty in exchange for four years deferred adjudication community supervision. Grotton violated the terms of her agreement, which she admitted to on July 11, 2014, and she was adjudicated guilty and sentenced to 365 days in state jail. Grotton servedher sentence. In 2016 testing of the cotton swabs by the Texas Department of Public Safety failed to detect any controlled substance on the cotton swabs. The Montgomery County District Attorney notified Grotton and the district court of the new exculpatory evidence. Grotton was appointed a lawyer who filed a state petition for a writ of habeas corpus to withdraw her guilty plea and for a new trial. The DA's Office did not oppose the petition. The judge recommended the granting of Grotton's petition. On December 14, 2016 the Texas Court of Criminal Appeals granted April Degeorge Grotton's habeas corpus petition on the basis new expert evidence she did not possess a controlled substance established her guilty plea was involuntary. The Montgomery County DA filed a motion to dismiss the charges against April Grotton that was granted on January 10, 2017." |
Conviction Caused By: |
Field drug test that erroneously detected methamphetamine. |
Innocence Proved By: |
"On December 14, 2016 the Texas Court of Criminal Appeals granted April Degeorge Grotton's habeas corpus petition on the basis new expert evidence she did not possess a controlled substance established her guilty plea was involuntary. The Montgomery County DA filed a motion to dismiss the charges against April Grotton that was granted on January 10, 2017." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
38 |
Age When Released: |
39 |
Sex: |
Female |
Skin/Ethnicity: |
White |
Information Source 1: |
"Ex Parte April DeGeorge Grotton, No. WR-86,075-01 (Tex. Court of Criminal Appeals 12-14-2016) (Granting habeas corpus petition on the basis new forensic evidence she did not possess a controlled substance established her guilty plea was not voluntary.)" |
Information Location 1: |
http://law.justia.com/cases/texas/court-of-criminal-appeals/2016/wr-86-075-01.html |
Information Source 2: |
"Trinity Co. authorities arrest woman in big drug bust, By KTRE (Trinity, TX), KLTV Chnl 7 (Houston)" |
Information Location 2: |
http://www.kltv.com/story/21578088/trinity-co-authorities-arrest-woman-in-big-drug-bust |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org