Opinion
NO. WR-82,712-01
03-23-2016
EX PARTE ARTHUR WING HUNG CHANG, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-371-010354-1159362-A IN THE 371ST DISTRICT COURT FROM TARRANT 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 pled guilty under a plea agreement to improper photography. He was placed on deferred adjudication community supervision. Applicant's guilt was later adjudicated, and he was sentenced to one year in the state jail.
Applicant argues that his conviction should be set aside because the statute of conviction was declared unconstitutional by this Court in Ex parte Thompson, 442 S.W.3d 325 (Tex. Crim. App. 2014). The State agrees, and the trial court recommends that relief be granted. The trial court's recommendation is supported by the habeas record and applicable law. Relief is granted.
The judgment in Cause No. 1159362D in the 371st District Court of Tarrant County is set aside, and the cause is remanded so the trial court can 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: March 23, 2016
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