GRIFFIN, SIMEON KANTREL Appeal from 380th District Court of Collin County (dissenting by judge yeary)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,169-01 EX PARTE SIMEON KANTREL GRIFFIN, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W360-80639-2012-HC IN THE 380TH DISTRICT COURT FROM COLLIN COUNTY Y EARY, J., filed a dissenting opinion. DISSENTING OPINION Applicant pled guilty to three counts of online solicitation of a minor, two of which were based upon violations of Section 33.021(b) and one which was based upon a violation of Section 33.021(c) of the Penal Code. Today, the Court grants post-conviction relief on two of those three counts on the basis that Section 33.021(b) had been declared unconstitutionally overbroad. Majority Opinion at 2. See also Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). The first count charged that Applicant intentionally distributed a picture of male genitalia, by text message, to a minor while the second count charged that GRIFFIN — 2 Applicant intentionally communicated, in graphic detail, a desire to commit a specific sexual act with the minor. I dissent from the Court’s order granting post-conviction 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, No. WR-87,785-01, 2018 WL 1109534 (Tex. Crim. App. Feb. 28, 2018) (Yeary, J., dissenting). DELIVERED: March 28, 2018 DO NOT PUBLISH

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