Doan, Kerry Booth ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,434-01
EX PARTE KERRY BOOTH DOAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 11-02-01666-CR(1) IN THE 435TH DISTRICT COURT
FROM MONTGOMERY 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), and sentenced to five 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). In his first ground, Applicant contends that, in light of Lo, his conviction is no
longer valid.
2
We agree. Ex parte Chance, 439 S.W.3d 918 (Tex. Crim. App. 2014). Relief is granted.
The judgment in cause number 11-02-01666-CR in the 435th District Court of Montgomery 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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