Opinion
NO. WR-88,169-01
03-28-2018
EX PARTE SIMEON KANTREL GRIFFIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W360-80639-2012-HC IN THE 380 DISTRICT COURT FROM COLLIN 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 three counts of online solicitation of a minor. Counts one and two were based on Tex. Penal Code § 33.021(b) and count three was based on Tex. Penal Code § 33.021(c). He was sentenced to fifteen years' imprisonment in each of the three counts. The Fifth Court of Appeals dismissed his conviction for lack of jurisdiction. Griffin v. State, No. 05-12-01546-CR (Tex. App.—Dallas Jan. 15, 2013).
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 Applicant now contends that in light of Lo his convictions in counts one and two are no longer valid and the State agrees. We also agree. Ex parte Chance, 439 S.W.3d 918 (Tex. Crim. App. 2014).
Relief is granted in counts one and two. The judgments for counts one and two in Cause No. 380-80639-2012 in the 380 Judicial District Court of Collin County is set aside. The judgment in count three is still valid. Applicant is remanded to the custody of the Sheriff of Collin County to answer the charges as set out in the indictment so that the indictment in counts one and two may be dismissed in accordance with this Court's opinion in Ex parte Lo. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: March 28, 2018 Do not publish