Paul Atkinson v. The State of Texas--Appeal from County Court at Law No. 3 of Travis County

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-96-00497-CR
Paul Atkinson, Appellant
v.
The State of Texas, Appellee
FROM THE COUNTY COURT AT LAW NO. 3 OF TRAVIS COUNTY
NO. 441327, HONORABLE DAVID CRAIN, JUDGE PRESIDING
PER CURIAM

A jury found appellant guilty of "stalking" and assessed punishment at incarceration for thirty days and a $500 fine. Act of March 10, 1993, 73d Leg., R.S., ch. 10, 1, 1993 Tex. Gen. Laws 46 (Tex. Penal Code Ann. 42.07(a)(7), since amended and renumbered as 42.071). Following appellant's conviction, section 42.07(a)(7) was declared unconstitutionally vague on its face. Long v. State, 931 S.W.2d 285, 297 (Tex. Crim. App. 1996). Appellant raises the constitutionality of the statute as his first point of error, and the State concedes error. Because section 42.07(a)(7) was void from its inception, appellant's conviction cannot stand. Golson v. State, 931 S.W.2d 705 (Tex. App.--Corpus Christi 1996, no pet.).

The judgment of conviction is reversed and the information is ordered dismissed.

 

Before Justices Powers, Jones and Kidd

Reversed and Ordered Dismissed

Filed: June 5, 1997

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