Ex parte David Lea (original by judge hervey)
Annotate this CaseIn 2008, appellant David Lea was sentenced to two years’ confinement for his conviction on child pornography charges. On counts two and three, he was sentenced to ten years, which was probated for ten years. Four years later Lea pled guilty to a single count of improper photography, for which he received a two-year sentence. That same day, the State moved to revoke Lea’s community supervision on counts two and three for which he had previously been on probation. Two years later, the Court of Criminal Appeals held that the offense of “improper photography” was facially unconstitutional because it was overbroad and infringed upon protected First Amendment speech. Lea appealed the revocation of his probation on that ground, that the statute the State used as basis for its revocation argument was now unconstitutional. The Court of Criminal Appeals agreed and granted relief.
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