COLEMAN, DAVID PAUL Appeal from 198th District Court of Kerr County (dissenting by judge yeary)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-87,963-01 & WR-87,963-02 EX PARTE DAVID PAUL COLEMAN, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B14449 IN THE 198TH DISTRICT COURT FROM KERR COUNTY Y EARY, J., filed a dissenting opinion. DISSENTING OPINION Today, the Court grants post-conviction relief to an applicant who pled guilty to two counts of online solicitation of a minor in violation of Section 33.021(b) of the Penal Code. Applicant admitted, by judicial confession, that: on or about August 23, 2013, and before the presentment of this indictment, in said county and state, then and there, being a person who was 17 years of age or older, with the intent to arouse or gratify the sexual desire of the [Applicant], intentionally communicate by an electronic message service in a sexually explicit manner, to-wit: discussed his ability to ejaculate, with R.H., a minor[, and] on or about August 23, 2013, and before the presentment of this indictment, in said county and state, did then and there, being a person who COLEMAN — 2 was 17 years of age or older, with the intent to arouse or gratify the sexual desire of the [Applicant], intentionally distribute by an electronic message service sexually explicit material, to-wit: photographs of [male genitalia], with R.H., a minor. I dissent 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, No. WR87,785-01, 2018 WL 1109534 (Tex. Crim. App. Feb. 28, 2018) (Yeary, J., dissenting). DELIVERED: March 28, 2018 DO NOT PUBLISH
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