Lawrence, John Geddes v. The State of Texas--Appeal from Co Crim Ct at Law No 10 of Harris County

Reversed and Rendered, and Memorandum Opinion on Remand filed October 30, 2003

Reversed and Rendered, and Memorandum Opinion on Remand filed October 30, 2003.

In The

Fourteenth Court of Appeals

____________

NOS. 14-99-00109-CR & 14-99-00111-CR

____________

JOHN GEDDES LAWRENCE and TYRON GARNER, Appellants

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Criminal Court at Law No. 10

Harris County, Texas

Trial Court Cause Nos. 98-48530 & 98-48531

 M E M O R A N D U M O P I N I O N O N R E M A N D

Appellants, John Geddes Lawrence and Tyron Garner, were convicted of engaging in homosexual conduct. See Tex. Pen. Code Ann. ' 21.06 (Vernon 2003). They were each assessed a fine of two hundred dollars. On appeal, appellants challenged the constitutionality of section 21.06, contending it offends the equal protection and privacy guarantees assured by both the state and federal constitutions. After hearing the case en banc, this court, in a divided opinion, rejected the constitutional arguments and affirmed the convictions. Lawrence v. State, 41 S.W.3d 349 (Tex. App.CHouston [14th Dist.] 2001, pet. ref=d) (en banc). The Texas Court of Criminal appeals denied appellants= petition for review, and the United States Supreme Court granted appellants= petition for writ of certiorari. Lawrence v. Texas, 537 U.S. 1044, 123 S. Ct. 661 (2002). Holding appellants= convictions under section 21.06 violate the liberty and privacy interests of the Fourteenth Amendment to the United States Constitution, the Supreme Court reversed the judgment of this court and remanded for further proceedings not inconsistent with its opinion. Lawrence v. Texas, ___ U.S.___, 123 S. Ct. 2472, 2476, 2484 (2003).

This court is required to follow the decisions and reasoning of the United States Supreme Court on federal constitutional issues. See Guzman v. State, 85 S.W.3d 242, 249 n.24 (Tex. Crim. App. 2002). Accordingly, we reverse the judgments of the trial court, order the complaints be dismissed, and render judgments of acquittal in each cause.

/s/ John S. Anderson

Justice

Judgment rendered and Memorandum Opinion on Remand filed October 30, 2003.

Panel consists of Justices Anderson, Hudson, and Murphy.[1]

Do Not Publish C Tex. R. App. P. 47.2(b).

[1] Senior Chief Justice Murphy participating by assignment.