HONOLKA, JEFFREY THOMAS AKA HONOLKA, JEFFERY THOMAS Appeal from Criminal District Court 1 of Tarrant County (dissenting by judge yeary)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,187-01 EX PARTE JEFFREY THOMAS HONOLKA, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1157705-A IN CRIMINAL DISTRICT COURT NO. 1 FROM TARRANT COUNTY Y EARY, J., filed a dissenting opinion. DISSENTING OPINION Today, the Court grants post-conviction relief to an applicant who pled guilty to one count of online solicitation of a minor in violation of Section 33.021(b) of the Penal Code. Majority Opinion at 1–2 (granting relief on the basis that Section 33.021(b) had been declared unconstitutionally overbroad in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013)). Applicant admitted, by judicial confession, that: on or about the 9th day of January 2009, did then and there, being over 17 years of age, intentionally and knowingly, over the internet or a commercial HONOLKA — 2 on-line service, with intent to arouse or gratify the sexual desire of any person, communicate in a sexually explicit manner with a minor, to wit: by describing sexual contact and masturbation with an individual who represented them self to be younger than 14 years of age or was an individual who the defendant believed to be younger than 14 years of age. I dissent from the Court’s decision 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 DELIVERED: April 11, 2018 DO NOT PUBLISH

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