Salas, Danny Abraham Jr.

In the Court of Criminal
Appeals of Texas
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No. WR-96,045-01
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EX PARTE DANNY ABRAHAM SALAS, JR.,
Applicant

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On Application for Writ of Habeas Corpus
Cause No. 84046-01-D-WR in the 320th District Court
From Potter County
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YEARY, J., filed a concurring opinion.

I disagree with the Court’s conclusion that Applicant’s plea was
involuntary. Ex parte Palmberg, 491 S.W.3d 804, 809 (Tex. Crim. App.
2016) (“[E]ven if [a] defendant is less well-informed, as long as he has a
sufficient awareness of his circumstances—including an awareness that
some facts simply remain unknown to him or are undetermined as of the
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time of the plea—his potentially unwise plea is still a voluntary one.”).
However, I do believe Applicant suffered a due process violation that
warrants the undoing of his plea. See Ex parte Warfield, 618 S.W.3d 69,
75 (Tex. Crim. App. 2021) (Yeary, J., concurring) (“[D]ue process simply
will not tolerate the maintenance of a conviction for a greater offense
than the facts could possibly support under the controlling penal
statute.”). With these thoughts, I concur with the Court’s result.

FILED: May 7, 2025
PUBLISH