Warren, Lamonte Donnell

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
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