EX PARTE WARREN v. << (2025)

DISSENTING OPINION

The Court grants Applicant post-conviction habeas relief on his involuntary plea ground, citing Ex parte Mable, 443. S.W.3d 129 (Tex. Crim. App. 2014), and Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970). For the reasons I have previously explained, Applicant's plea was not involuntary. Ex parte Salas, ––– S.W.3d ––––, ––––, No. WR-96,045-01, 2025 WL 1317849, at *1 (Tex. Crim. App. May 7, 2025) (Finley, J., dissenting). Moreover, for the reasons that Judge Yeary expressed in Ex parte Love and other cases, Applicant is not entitled to relief. No. WR-95,475-01, 2024 WL 1434608, at *1–2 (Tex. Crim. App. Apr. 3, 2024) (Yeary, J., dissenting) (not designated for publication). The variance between the initial field-tested weight—4.6 grams—and the Houston Police Laboratory's tested weight—3.9 grams—may very well be attributable to the fact that the substance was tested three times before the final lab report: once during the field test and twice during the lab testing. Applicant fails to show that the weight of the drugs could not have been at least 4 grams at the time of the offense. I respectfully dissent.