Ex parte Chavez

Yeary, J., filed a dissenting opinion.

*584The Court today grants post-conviction habeas relief on the ground that Applicant was convicted under a statute that was later declared unconstitutionally overbroad without a showing by the Applicant that the statute was unconstitutional as applied in his case. See Majority Opinion (granting habeas relief based upon Ex parte Lo , 424 S.W.3d 10 (Tex. Crim. App. 2013) ). I dissent for the reasons stated in my dissenting opinion in Ex parte Fournier , 473 S.W.3d 789, 800-805 (Tex. Crim. App. 2015) (Yeary, J., dissenting). However, I write further because I…