Whillhite, Bryan Wayne

In the Court of Criminal
Appeals of Texas
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No. WR-94,154-01
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EX PARTE BRYAN WAYNE WHILLHITE,
Applicant

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On Application for Writ of Habeas Corpus
In Cause No. D-13-0586-SA-W-1
In the 391st District Court
Tom Green County
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YEARY, J., filed a dissenting opinion in which SLAUGHTER, J.,
joined.

I am convinced that Applicant’s plea to sexual assault of a child
was voluntary. I am convinced also that Applicant would not have
rejected the plea agreement relating to sexual assault of a child even if
he had known that this Court had declared the solicitation statute
WHILLHITE – 2

unconstitutional. And I see no reason to overturn Applicant’s ultimate
adjudication or sentence. The evidence of his conduct that resulted in
his conviction for online solicitation of a minor would have been
admissible in any punishment proceeding relating to the sexual-assault-
of-a-child case. I do not see any reason to conclude that a different result
would have ensued.
I respectfully dissent.

FILED: November 22, 2023
DO NOT PUBLISH