Morrisey, Nicholas Alden

• Court: Court of Criminal Appeals of Texas
• Decided: May 14, 2014
• Docket: WR-81,243-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-81,243-01

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EX PARTE NICHOLAS ALDEN MORRISEY, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 10CR3249

IN THE 405^TH JUDICIAL DISTRICT COURT

FROM GALVESTON COUNTY

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O R D E R

            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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of solicitation of a minor and was sentenced to two years’ imprisonment.

            Applicant contends that his conviction in this case is based on a facially unconstitutional statute.

            This Court has held the pertinent statute in this case to be facially unconstitutional. Ex parte Lo, ___ S.W.3d ___ (Tex. Crim. App. No. 1560-12, delivered October 30, 2013). On April 2, 2014, the trial court signed agreed findings of fact and conclusions of law recommending relief be granted.

            However, this sentence has fully discharged and Applicant does not allege any collateral consequences from the conviction. Applicant does not properly invoke this Court’s 11.07 jurisdiction in this cause. This application is therefore dismissed without prejudice.

Filed: May 14, 2014

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