Leax v. Texas

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Appellant Jeromy Leax was charged with two counts of online solicitation of a minor under the pre-2015 version of Penal Code section 33.021(c) (2014). He filed a motion to quash the indictment (which he later amended), arguing that the statute under which he was convicted was facially unconstitutional when read together with other portions of the statute. The trial court denied the motion, and Leax entered guilty pleas as to both counts. He was sentenced to 13 years’ confinement on each count to be served concurrently. The court of appeals affirmed Leax’s convictions. The Court of Criminal Appeals granted review to determine whether the statute under which Leax was convicted (and its corresponding provisions) restricted speech on the basis of its content. In light of the Court’s decision in Ex parte Ingram v. State, PD-0578-16, 2017 WL 2799980 (Tex. Crim. App. June 28, 2017), the court found in this case because the “represents” definition of “minor” was constitutional as construed in Ingram, and the record was insufficiently developed to determine on appeal whether any of the anti-defensive provisions would have been invoked against Leax, the Court affirmed the judgment of the court of appeals. View "Leax v. Texas" on Justia Law