Bell, Jerrell

Alcala, J., filed a dissenting opinion in which Richardson and Walker, JJ., joined.

III. Conclusion

I note here that, although this Court granted applicant relief from his drug conviction on the basis of actual innocence, that decision was made prior to this Court's opinion in Ex parte Mable , 443 S.W.3d 129 , 130-31 (Tex. Crim. App. 2014) (suggesting that actual-innocence relief is not appropriate in similar circumstances because "the term 'actual innocence' applies only in circumstances where the accused did not actually commit the charged offense or any possible lesser included offenses,"…