# Yearling, Terry Lee

> Court of Criminal Appeals of Texas · May 25, 2022

URL: https://www.frixlaw.com/law-library/cases/6345238

## Case

- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 25, 2022
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6345238

## Opinion text

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Do not publish

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6345238. Public record. Not legal advice.