Nino, Samuel Jr

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,955-01
EX PARTE SAMUEL NINO JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F42357-A
TH
IN THE 18 DISTRICT COURT FROM JOHNSON COUNTY
Per curiam. YEARY , J., filed a dissenting opinion in which SLAUGHTER , J., joined.
OPINION
Applicant was convicted of four counts of online solicitation of a minor and sentenced to three
years’ imprisonment in count 1 and five years’ imprisonment in each of the remaining counts.
Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district
clerk forwarded it to this Court. See TEX . CODE CRIM . PROC . art. 11.07.
Applicant alleges, among other things, that his convictions are based on an unconstitutional
statute.
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 convictions be set aside. The State
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recommends that relief be granted in this cause.
Relief is granted based on Applicant’s claim that he was convicted under authority of an
unconstitutional statute. The judgments in Cause No. F42357 in the 18th District Court of Johnson
County are set aside and the cause is remanded so the trial court can dismiss the indictment. The trial
court shall issue any necessary bench warrant within ten days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: November 18, 2020
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