Cuartas, Absalon ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,178-01
EX PARTE ABSALON CUARTAS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-2008-0072-E WHC 1 IN THE 367TH DISTRICT COURT
FROM DENTON 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 two counts of
online solicitation of a minor. TEX . PENAL CODE § 33.021(b). He was sentenced to imprisonment
for nine months on each count. He did not appeal his convictions.
In Ex parte Lo, we declared § 33.021(b) unconstitutional. Ex parte Lo, 424 S.W.3d 10 (Tex.
Crim. App. 2013). Applicant now contends that, in light of Lo, his convictions are no longer valid.
We agree. Ex parte Chance, 439 S.W.3d 918 (Tex. Crim. App. 2014). Relief is granted.
2
Applicant’s convictions in cause number F-2008-0072-E are 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: January 27, 2016
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