Ramos, John Andrew

• Court: Court of Appeals of Texas
• Decided: December 16, 2015
• Docket: WR-84,102-01
• Status: Published

Opinion

IN COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-84,102-01

EX PARTE JOHN ANDREW RAMOS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2009CR7094-W1 TH IN THE 399 DISTRICT COURT FROM BEXAR COUNTY

Per curiam. Yeary, J., not participating.

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 a writ of habeas corpus. Ex parte

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

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

conviction.

Applicant contends that the statute under which he was convicted was found to be

unconstitutional, therefore he is actually innocent. This Court has held that when a statute is held

to be unconstitutional, that does not mean that someone convicted under the statute is actually 2

innocent. Ex parte Fournier, WR-82,102-01 __ S.W.3d __ (Tex. Crim. App. Oct. 28, 2015).

However, Applicant is still entitled to relief. 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 conviction be set aside. The State recommends that relief be

granted in this cause. We agree.

Relief is granted. The judgment in Cause No. 2009CR7094 in the 399th District Court of

Bexar County is set aside and the cause is remanded so the trial court can dismiss the indictment.

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

Institutions Division and Pardons and Paroles Division.

Delivered: December 16, 2015 Do not publish