Opinion
NO. WR-84,524-01
09-14-2016
EX PARTE TERRY JIMENEZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20100D04694-01 IN THE 409TH DISTRICT COURT FROM EL PASO 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 two counts of online solicitation of a minor. TEX. PENAL CODE § 33.021(b) & (c). He was sentenced to imprisonment for four years on each count. He did not appeal his convictions.
In Ex parte Lo, this Court 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 Applicant now contends that in light of Lo his conviction for count I is no longer valid. The habeas court has entered agreed findings of fact recommending that relief be granted. Ex parte Chance, 439 S.W.3d 918 (Tex. Crim. App. 2014). The court's findings are supported by the record. Relief is granted. Applicant's conviction for count I in cause number 20100D04694 is set aside and this cause is remanded to the trial court to dismiss count I of 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: September 14, 2016
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