Alamia, Anthony v. State ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0444-14
NO. PD-0445-14
ANTHONY ALAMIA, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW
FROM THE FIFTH COURT OF APPEALS
COLLIN COUNTY
P ER CURIAM. Y EARY, J., filed a dissenting opinion.
OPINION
Appellant was convicted in two cases of online solicitation of a minor under Section
33.021(b) of the Texas Penal Code. The court of appeals affirmed the convictions. Alamia
v. State, Nos. 05-12-00992-CR, 05-12-00993-CR, 2014 WL 474632 (Tex. App. — Dallas
Feb. 5, 2014) (not designated for publication). Appellant has filed petitions for discretionary
review contending the court of appeals erred in upholding the constitutionality of the online
solicitation statute.
Alamia 2
In Ex parte Lo, this Court held Section 33.021(b) to be unconstitutional on its face,
reversed the decision of the court of appeals, and remanded the case to the trial court to
dismiss the indictment. 424 S.W.3d 10 (Tex. Crim. App. 2013). Accordingly, we grant
appellant’s petitions for discretionary review, vacate the judgments of the court of appeals,
and order the trial court to dismiss the indictments. See Ex parte Chance, 439 S.W.3d 918
(Tex. Crim. App. 2014).
Delivered: December 16, 2015
Do not publish