The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,045-01
EX PARTE DANNY ABRAHAM SALAS, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 84046-01-D-WR IN THE 320TH DISTRICT COURT
POTTER COUNTY
Per curiam. YEARY, J., filed a concurring opinion. FINLEY, J., filed a dissenting
opinion in which SCHENCK, P.J., and PARKER, J., joined.
OPINION
Applicant pleaded guilty to possession of a controlled substance, one gram or more but less
than four grams, and was sentenced to three years’ imprisonment. Applicant filed this application
for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this
Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that his plea was involuntary, and his sentence is illegal, because the
quantity of controlled substance for which he was indicted and pleaded guilty was higher than the
quantity actually in his possession. Based on the record, the trial court has determined that
Applicant’s plea was involuntary because of the discrepancy in the amount of the controlled
2
substance.
We agree. Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment
in cause number 084046-D-CR in the 320th District Court of Potter County is set aside, and
Applicant is remanded to the custody of the Sheriff of Potter County to answer the charges as set out
in the indictment. The trial court shall issue any necessary bench warrant within ten days from the
date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: May 7, 2025
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