Chance, Donald Ray

COCHRAN, J.,

filed a concurring opinion in which JOHNSON and ALCALA, JJ., joined.

The Court properly grants prompt relief to applicant on his claim that his conviction under Section 32.021(b) was void ab initio because we have held that the “sexually explicit communications” statute is unconstitutional.1 It is hornbook law that

Generally, a statute that has been declared unconstitutional is void from its *919inception and cannot provide a basis for any right or relief. It is thus the general rule that an unconstitutional statute, even though it has the form and name of law, in reality is not law and…