Wean, James Paul Jr. ( 2017 )


Menu:
  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-83,634-01
    EX PARTE JAMES PAUL WEAN, JR., Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 13-DCR-063722 IN THE 400th DISTRICT COURT
    FROM FORT BEND 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). He was sentenced to seven years’ imprisonment. He did
    not appeal his conviction.
    This Court, in Ex parte Lo, held unconstitutional the online solicitation of a minor statute for
    which Applicant was convicted. Ex parte Lo, 
    424 S.W.3d 10
    (Tex. Crim. App. 2013). Applicant
    filed this habeas application based on the Lo decision and asks that his conviction be set aside. The
    trial court recommends that relief be granted in this cause. We agree.
    2
    Relief is granted. The judgment in Cause No. 13-DCR-063722 in the 400th District Court
    of Fort Bend County is set aside and the cause is remanded so the trial court can 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 25, 2017
    Do not publish
    

Document Info

Docket Number: WR-83,634-01

Filed Date: 1/25/2017

Precedential Status: Precedential

Modified Date: 1/30/2017