On November 18, 2013, police in Houston, Texas arrested 32-year-old Clayton Martel and confiscated a partially smoked cigarette that field-tested positive as marijuana.
On November 20, 2013, Martel pled guilty in Harris County Criminal District Court to possession of a controlled substance. He was sentenced to 30 days in the Harris County Jail.
On December 20, 2013, the Houston Police crime laboratory tested the material and found no controlled substance. The substance was identified as Fubinaca, synthetic marijuana.
The lab notified the Harris County District Attorney’s Conviction Review Unit. The unit notified Martel’s defense attorney and joined the defense in a motion to vacate the conviction.
On August 12, 2015, the conviction was vacated and prosecution dismissed the charge.
– Maurice Possley
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