On May 15, 2011, police in Galveston County, Texas arrested 42-year-old Eric Herrera after they confiscated a white powder from him and a field test was positive for cocaine.
On May 18, 2011, Herrera, who had numerous prior drug arrests and convictions, accepted an offer from the Galveston County District Attorney’s Office and pled guilty to possession of cocaine. He was sentenced to six months in jail and was released on August 12, 2011.
Later, a state crime laboratory test on the white powder was negative for cocaine and any other controlled substance. The prosecution notified Herrera’s defense attorney and supported a state petition for a writ of habeas corpus to vacate the conviction.
In April 2012, the Texas Court of Criminal Appeals granted the petition, vacated the conviction and the charge was dismissed.
– Maurice Possley