Booe, Travis ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,143-01
EX PARTE TRAVIS BOOE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 07-CR-4383-H IN THE 347TH DISTRICT COURT
FROM NUECES 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). A jury found Applicant not guilty of one
count of online solicitation of a minor under Section 33.021(c) of the Texas Penal Code, but guilty
of a second count of online solicitation of a minor under Section 33.021(b) of The Texas Penal Code.
The trial court sentenced Applicant to fourteen years’ imprisonment. He did not appeal his
conviction.
In Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013), this Court held that Section
2
33.021(b) of the Texas Penal Code, the statute pursuant to which Applicant was convicted, was
unconstitutional. Applicant, through counsel, filed this habeas application based on the Lo decision
and asks that his conviction be set aside. The trial court recommends granting relief. This Court
agrees with the trial court.
Relief is granted. The judgment in Cause No. 07-CR-4383-H in the 347th District Court of
Nueces County is set aside, and the cause is remanded so that the trial court can dismiss the
indictment. 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: December 16, 2015
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