GONZALEZ, JOSE D Appeal from 208th District Court of Harris County (original per curiam)
Annotate this Case
Download PDF
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-94,041-01 EX PARTE JOSE D. GONZALEZ, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1191091-A TH IN THE 208 DISTRICT COURT FROM HARRIS COUNTY Per curiam. YEARY , J. filed a dissenting opinion. OPINION Applicant was convicted of improper photography and sentenced to three hundred and sixtyfour days’ imprisonment in this cause. He filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07. He did not appeal the conviction. Applicant alleges that he is actually innocent and that he is entitled to relief because the statute under which he was convicted was later found to be unconstitutional. Applicant is not actually innocent, but is entitled to relief. This Court, in Ex parte Thompson, held unconstitutional the improper photography statute for which Applicant was convicted. Ex parte Thompson, 442 2 S.W.3d 325 (Tex. Crim. App. 2014). Applicant filed this habeas application in part based on the Thompson decision and asks that his conviction be set aside. Relief is granted. The judgment in count one of Cause No. 1191091 in the 208th District Court of Harris County is set aside and Applicant is remanded to the custody of the Sheriff of Harris County to answer the charges as set out in the indictment so that the indictment may be dismissed in accordance with this Court’s opinion in Ex parte Thompson. The trial court shall issue any necessary bench warrant within 10 days after the mandate of this Court issues. Delivered: October 19, 2022 Do not publish
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
