Opinion
NO. WR-82,691-04
01-25-2017
EX PARTE MICHAEL RICHARD SCHWEITZER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 13,204-D IN THE 21ST DISTRICT COURT FROM BASTROP COUNTY Per curiam. YEARY, J., filed a dissenting opinion. ORDER
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 and sentenced to four years' imprisonment. His did not appeal his conviction.
This Court, in Ex parte Lo, held unconstitutional the online solicitation of a minor statute for which Applicant was convicted. Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). Applicant filed this habeas application based on the Lo decision and asks that his conviction be set aside. The trial court recommends that relief be granted in this cause. We agree in part.
Applicant's claim that he is actually innocent is denied. --------
Relief is granted. The judgment in Cause No. 13,204 in the 21st District Court of Bastrop County is set aside and Applicant is remanded to the custody of the Sheriff of Bastrop County to answer the charges as set out in the indictment so that the indictment may be disposed of 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 Delivered: January 25, 2017 Do not publish