The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,485-02
EX PARTE BRIAN ALLEN SCOTT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 21548C A-2 IN THE 278TH DISTRICT COURT
FROM WALKER COUNTY
Per curiam. YEARY, J. dissented.
OPINION
Applicant was convicted of attempted delivery of a controlled substance and sentenced to
thirty-one days imprisonment pursuant to Texas. Penal Code Section 12.44(a). 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 plea was involuntary because he was not informed that this plea
would result in a felony conviction. Based on the record, the trial court has determined that
Applicant’s plea was involuntary because he believed this conviction was a misdemeanor and did
not understand the consequences of his plea.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
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number 21548-C in the 278th District Court of Walker County is set aside, and Applicant is
remanded to the custody of the Sheriff of Walker 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: September 6, 2023
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