Bunker, Steven Lee

• Court: Court of Criminal Appeals of Texas
• Decided: February 24, 2016
• Docket: WR-83,955-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-83,955-01

EX PARTE STEVEN LEE BUNKER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 63847-A TH IN THE 412 DISTRICT COURT FROM BRAZORIA COUNTY

Per curiam. Yeary, J. filed a dissenting opinion.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty to online solicitation

of a minor and was sentenced to five years’ imprisonment. He did not appeal his conviction.

This Court, in Ex parte Lo, held unconstitutional the online solicitation of a minor statute for

which Applicant was convicted. Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). Applicant

filed this habeas application based on the Lo decision and asks that his convictions be set aside. The

State recommends that relief be granted in this cause. We agree. 2

Relief is granted. The judgment in Cause No. 63847 in the 412th District Court of Brazoria

County is set aside and Applicant is remanded to the custody of the Sheriff of Brazoria County to

answer the charges as set out in the indictment so that the indictment may be disposed of in

accordance with this Court’s opinion in Ex parte Lo. The trial court shall issue any necessary bench

warrant within 10 days after the mandate of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: February 24, 2016 Do not publish