The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,662-01
EX PARTE TERRY LEE YEARLING, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W20-60819-V(A) IN THE 292nd DISTRICT COURT
FROM DALLAS COUNTY
Per curiam. YEARY , J., filed a dissenting opinion in which KELLER , P.J., joined.
OPINION
Applicant was convicted of unlawful possession of a firearm by a felon and sentenced to
three years’ imprisonment. He did not appeal his conviction. 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, among other things, that his plea was involuntary because it was induced
by material misrepresentations by law enforcement officers in their probable cause affidavit and
incident reports that the search and subsequent discovery of the firearm in Applicant’s hotel room
were done legally. Based on the record, the trial court has determined that Applicant’s plea was
involuntary.
2
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
number F-20-60819-V in the 292nd District Court of Dallas County is set aside, and Applicant is
remanded to the custody of the Sheriff of Dallas 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 25th, 2022
Do not publish