Rice, Kenneth Eugene Jr. ( 2021 )


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  •            IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-92,488-01
    EX PARTE KENNETH EUGENE RICE JR., Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. F45892-B
    IN THE 18TH DISTRICT COURT FROM JOHNSON COUNTY
    YEARY, J., filed a dissenting opinion in which SLAUGHTER, J., joined.
    DISSENTING OPINION
    Applicant was convicted of online solicitation of a minor in violation of former
    Section 33.021(b) of the Penal Code. TEX. PENAL CODE § 33.021(b). He was sentenced to
    ten years’ imprisonment in count one of this cause. Applicant filed this writ of habeas
    corpus contending that the statute under which he was convicted was found
    unconstitutional. See TEX. CODE CRIM. PROC. art. 11.07.
    Today, the Court grants post-conviction relief based on Ex parte Lo, in which the
    Court held Subsection (b) of the former online solicitation of a minor statute to be
    unconstitutional. See Ex parte Lo, 
    424 S.W.3d 10
     (Tex. Crim. App. 2013). But Applicant
    has not demonstrated that his conduct constituted protected speech such that the statute
    RICE — 2
    may be said to have operated unconstitutionally as applied to him. I therefore dissent from
    the Court’s order granting summary post-conviction habeas corpus relief for the reasons
    stated in my dissenting opinions in Ex parte Fournier, 
    473 S.W.3d 789
    , 800–805 (Tex.
    Crim. App. 2015) (Yeary, J., dissenting), and Ex parte Chavez, 
    542 S.W.3d 583
    , 584–85
    (Tex. Crim. App. 2018) (Yeary, J., dissenting).
    FILED:                     April 14, 2021
    DO NOT PUBLISH
    

Document Info

Docket Number: WR-92,488-01

Filed Date: 4/14/2021

Precedential Status: Precedential

Modified Date: 4/19/2021