On December 28, 2013, police in Houston, Texas arrested 25-year-old Duran Smith after they seized a substance from him that field-tested positive for codeine.
On January 30, 2014, Smith pled guilty in Harris County Criminal District Court to a reduced charge of attempted possession of a controlled substance. He was sentenced to 90 days in the Harris County Jail.
On February 13, 2014, the Houston Police crime laboratory tested the suspected codeine and no controlled substance was detected.
The Harris County District Attorney’s Office conviction review unit was informed of the negative laboratory finding and notified Smith’s defense attorney. In June 2016, Smith’s attorney filed a petition for a writ of habeas corpus seeking to vacate the conviction. The prosecution joined in the petition and in August 2016, the Texas Court of Criminal Appeals granted the writ and vacated the conviction.
On September 29, 2016, the prosecution dismissed the charge.
– Maurice Possley
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