IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,136-01
EX PARTE DONALD RAY CHANCE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 10-05-05347-CR(1) IN THE 410TH DISTRICT COURT
FROM MONTGOMERY COUNTY
PER CURIAM . COCHRAN , J., filed a concurring opinion in which JOHNSON and
ALCALA , JJ., joined. KELLER , P.J., filed a dissenting opinion in which KEASLER and
HERVEY , JJ., joined.
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 two counts of
online solicitation of a minor and sentenced to concurrent terms of two years’ imprisonment for each
count.
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,
through counsel, filed this habeas application based on the Lo decision and asks that his convictions
be set aside. The trial court recommends granting relief. After considering the trial court’s findings
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and the parties’ objections and responses regarding them, this Court agrees with the trial court, and
relief is granted.
The judgments for both counts in Cause No. 10-05-05347-CR in the 410th District Court of
Montgomery County are set aside. Applicant is remanded to the custody of the Sheriff of
Montgomery County to answer the charges as set out in the indictment so that the indictment may
be disposed of in accordance with this Court’s opinion in Ex parte Lo. The trial court shall issue any
necessary bench warrant within 10 days after the mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: May 7, 2014
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