IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-96,370-01

EX PARTE LAMONTE DONNELL WARREN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1027761-A IN THE 182ND DISTRICT COURT HARRIS COUNTY FINLEY, J., filed a dissenting opinion in which SCHENCK, P.J., YEARY and PARKER, JJ., joined.

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 (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 WARREN DISSENT — 2

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.

Filed: June 11, 2025 Publish