Opinion
NO. WR-82,861-01
02-10-2016
EX PARTE BRENNEN LEE BLEDSOE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 114-1138-10-A IN THE 114TH DISTRICT COURT FROM SMITH COUNTY
Per curiam. YEARY, J., filed a dissenting opinion. OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of online solicitation of a minor. Tex. Penal Code § 33.021(b). He was sentenced to four years' imprisonment. He did not appeal his conviction.
In Ex parte Lo, we declared § 33.021(b) unconstitutional. Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). Applicant now contends that in light of Lo his conviction is no longer valid. We agree. Ex parte Chance, 439 S.W.3d 918 (Tex. Crim. App. 2014). Relief is granted. The judgment in cause number 114-1138-10 in the 114th District Court of Smith County is set aside, and this cause is remanded to the trial court to dismiss the indictment.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: February 10, 2016
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