Ex Parte Clinton David Beck

Opinion

ACCEPTED

03-14-00818-CR

7850705

THIRD COURT OF APPEALS

AUSTIN, TEXAS

11/16/2015 4:13:59 PM

JEFFREY D. KYLE

CLERK

ZIMMERMANN LAVINE & ZIMMERMANN, P.C.

ATTORNEYS AT LAW

770 SOUTH POST OAK LANE, SUITE 620 HOUSTON, TEXAS 77056 FILED IN 713-552-0300 FAX 713-552-0746 3rd COURT OF APPEALS AUSTIN, TEXAS

WWW. TEXASDEFENSELA WYERS.COM 11/16/2015 4:13:59 PM

JACK B. ZIMMERMANN JEFFREY D. KYLE JIM E. LAVINE Clerk TERRI R. ZIMMERMANN

~ovember16,2015

Jeffery D. Kyle Oerk of Court Third Court of Appeals Price Daniel Sr. Building 209 West 14th St., Room 101 Austin, Texas 78701

RE: Clinton David Beck v. The State of Texas Court of Appeals ~umber: 03-14-00818-CR Trial Court Case ~umber: CR2011-197

Dear Mr. Kyle,

Pursuant to Rule 38.7 of the Texas Rules of Appellate Procedure, Mr. Beck sends this letter regarding cases decided after the Brief and Reply Brief for Appellant were filed:

1. Collins v. State, ~o. 11-14-00312-CR, 2015 WL 6768734, at*4 (Tex. App.- Eastland ~ovember 5, 2015): The Eleventh Court of Appeals held that Section 21.12(a)(3) is unconstitutional because it incorporates Section 33.021 (b), a statute the Court of Criminal Appeals found to be unconstitutional in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013), reh'g denied, (Mar. 19, 2014). Because Mr. Beck was convicted of violating Section 21.12(a)(3) only based on its incorporation of Section 33.021(b), just like Collins, this case supports Mr. Beck's argument that his conviction and sentence are void.

2. Ex parte Fournier and Ex parte Christopher Dowden, WR-82,102-01, 2015 WL 6518272 (Tex. Crirn. App. Oct. 28,2015): The Court of Criminal Appeals granted habeas relief based on Ex parte Lo even though the Applicants had not challenged the unconstitutional statute at trial. The Court held, "Applicants are entitled to relief under Lo and our subsequent decision in Ex parte Chance. In a short per curiam opinion, we granted Chance relief based on our judgment in Lo despite Chance's failure to contest the statute's constitutionality at trial or on appeal. Consistent with Chance, we set aside Fournier's and Dowden's judgments of conviction in Cause ~umbers 1151921 and 1300886, respectively, and remand

RE: Clinton David Beck v. The State of Texas Court of Appeals Number: 03-14-00818-CR Trial Court Case Number: CR2011-197

those causes to the respective trial courts to dismiss the indictments." I d., at *5. This case supports Mr. Beck's argument that he is entitled to relief even though he did not challenge the constitutionality of the statute at trial.

Very respectfully,

cc: Mr. Joshua Presley (viaE-file)

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