Vansumeren, Holly Christine

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,368-02
EX PARTE HOLLY CHRISTINE VANSUMEREN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1086412-B IN THE 182ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
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 pleaded guilty to online solicitation
of a minor under Section 33.021(b) of the Texas Penal Code, and originally received deferred
adjudication community supervision. Her guilt was later adjudicated, and Applicant was sentenced
to nine months’ state jail imprisonment. She did not appeal her conviction.
In her initial habeas application, Applicant alleged that her conviction was unconstitutional
because of this Court’s determination, in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013), that
the statute pursuant to which Applicant was convicted is unconstitutionally broad. In this
application, Applicant alleges that she is actually innocent of this offense. The trial court
recommended that relief be granted under both theories.
This Court recently held that challenges to convictions obtained under the statute at issue in
Ex parte Lo and this case do not present true actual innocence claims. Ex parte Fournier, No.
WR-82,102-01, ___ S.W.3d ___ (Tex. Crim. App. Oct. 28, 2015). Although this Court today grants
relief to Applicant on the basis of an unconstitutional statute as alleged in Applicant’s initial habeas
application, she is not entitled to relief on an actual innocence theory.
Filed: February 10, 2016
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