Ex Parte Daniel Colunga v. the State of Texas

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-24-00722-CR Ex parte Daniel Colunga FROM THE 207TH DISTRICT COURT OF COMAL COUNTY NO. CR2023-504B, THE HONORABLE TRACIE WRIGHT-RENEAU, JUDGE PRESIDING MEMORANDUM OPINION Appellant Daniel Colunga was charged with the offense of possession of a controlled substance, specifically Tetrahydrocannabinol. Colunga filed a pretrial application for writ of habeas corpus, which the district court denied. In two issues on appeal, Colunga asserts that the statute under which he was charged was unconstitutional because (1) it was preempted by federal…