Case Information
*1 IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,622-01
EX PARTE DONNIE RAY MEISMER, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 59720-A IN THE 461ST DISTRICT COURT FROM BRAZORIA COUNTY
Y EARY , J., filed a dissenting opinion in which S LAUGHTER , J., joined. DISSENTING OPINION
Applicant was convicted of online solicitation of a minor and sentenced to forty- two months’ imprisonment in violation of former Section 33.021(b) of the Penal Code. T EX . P ENAL C ODE § 33.021(b). Applicant filed his post-conviction application for writ of
habeas corpus contending that the statute under which he was convicted was found unconstitutional. See T EX . C ODE C RIM . P ROC . art. 11.07.
Today, the Court grants post-conviction relief based on Ex parte Lo , in which the Court held Subsection (b) of the former online solicitation of a minor statute to be unconstitutional. See Ex parte Lo , 424 S.W.3d 10 (Tex. Crim. App. 2013). But Applicant has not demonstrated that his conduct constituted protected speech such that the statute
Meismer — 2 may be said to have operated unconstitutionally as applied to him. I therefore dissent from the Court’s order granting summary post-conviction habeas corpus relief for the reasons stated in my dissenting opinions in Ex parte Fournier , 473 S.W.3d 789, 800–805 (Tex. Crim. App. 2015) (Yeary, J., dissenting), and Ex parte Chavez , 542 S.W.3d 583, 584–85 (Tex. Crim. App. 2018) (Yeary, J., dissenting).
FILED: June 23, 2021
DO NOT PUBLISH