Ex parte Shay

OPINION

in which Johnson, Hervey, Alcala, Richardson, and Newell, JJ., joined.

Does estoppel bar an applicant from seeking habeas corpus relief for a conviction based on a statute subsequently declared facially unconstitutional? We hold that it does not. We accordingly set aside Patrick Shay’s conviction and remand the cause to the trial court to dismiss the indictment.

I

Pursuant to a plea bargain, Shay was convicted of improper photography or visual recording in violation of Texas Penal Code § 21.15(b)(1) and sentenced to two years’ confinement, the maximum confinement permitted for the…