Whillhite, Bryan Wayne

Opinion

In the Court of Criminal

Appeals of Texas

══════════ No. WR-94,154-01 ══════════

EX PARTE BRYAN WAYNE WHILLHITE, Applicant

═══════════════════════════════════════ On Application for Writ of Habeas Corpus In Cause No. D-13-0586-SA-W-1 In the 391st District Court Tom Green County

═══════════════════════════════════════

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-assaultof -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FILED: November 22, 2023 DO NOT PUBLISH