Chance, Donald Ray

*923KELLER, P. J.,

filed a dissenting opinion in which KEASLER and HERVEY, JJ., joined.

Applicant claimed at trial that the statute under which he was prosecuted was unconstitutional because it was overly broad, but he failed to litigate that claim on direct appeal.1 In its answer to the habeas application, the State contends, among other things, that applicant forfeited his claim by failing to raise it on direct appeal. Relying upon our decision in Karenev v. State, the State contends that a “facial challenge to the constitutionality of a statute does not implicate the ‘jurisdiction’ of a trial…