Ex parte Benedict

Yeary, J., filed a dissenting opinion in which Slaughter, J., joined.

Today, the Court grants relief to another applicant on the basis that the statute he was convicted under- TEX. PEN. CODE § 33.021(b) -was held to be facially unconstitutional in Ex parte Lo, 424 S.W.3d 10 (Tex. Crim. App. 2013). The indictment charged Applicant with online solicitation of a minor, specifically stating that Applicant sent a picture of a penis over the internet to a minor, or to someone whom Applicant believed was a minor. Applicant pled guilty. He was sentenced to confinement for two years in state jail, and…