Lim, Joon Yeol ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,290-01
EX PARTE JOON YEOL LIM, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1304078-A IN THE 351ST DISTRICT COURT
FROM HARRIS 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 two 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). Applicant now contends that, in light of Lo, his conviction is no longer valid.
We agree. Ex parte Chance, 439 S.W.3d 918 (Tex. Crim. App. 2014). Relief is granted.
2
The judgment in cause number 1304078 in the 351st District Court of Harris County is set aside, and
this cause is remanded to the trial court to dismiss the information.
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
Do not publish