Ex parte Reed

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COURT OF CRIMINAL APPEALS OF TEXASJan 13, 2016
NO. WR-80,875-02 (Tex. Crim. App. Jan. 13, 2016)

NO. WR-80,875-02

01-13-2016

EX PARTE MARK ALLEN REED, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 38,535-B-H-2 IN THE 124th DISTRICT COURT FROM GREGG COUNTY Per curiam. Yeary , J., filed a dissenting opinion. OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of improper photography without consent and he was sentenced to two years' imprisonment in state jail. The Sixth Court of Appeals affirmed the conviction. Reed v. State, 349 S.W.3d 726 (Tex. App.—Texarkana 2011).

Applicant alleges, inter alia, that he was convicted pursuant to a statute that has been found unconstitutional by this Court. See Ex parte Thompson, 442 S.W.3d 325 (Tex. Crim. App. 2014). The trial court recommends that relief be granted in this cause. We agree.

The State is unopposed to the granting of relief in this case. --------

Relief is granted. The judgment in Cause No. 38535-B in the 124th District Court of Gregg County is set aside and the cause is remanded so the trial court can dismiss the indictment.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: January 13, 2016
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