Salas, Danny Abraham Jr.

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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