On May 1, 2008, police in Houston, Texas arrested 17-year-old Mario Martin and charged him with possession of a controlled substance when a field test was positive for the presence of cocaine.
On May 8, 2008, Martin pled guilty to possession of cocaine and was sentenced to 30 days in jail. He was released on June 5.
On February 11, 2010, nearly two years later, the Houston Police Crime Laboratory tested the substance seized from Martin and the test was negative for the presence of any controlled substance. The Harris County District Attorney’s office notified Martin’s attorney and supported a state petition for a writ of habeas corpus.
After a trial court judge recommended that the conviction be vacated, the Texas Court of Criminal Appeals, on May 5, 2010, issued the writ and vacated the conviction. On June 1, 2010, the prosecution dismissed the charge.
– Maurice Possley