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931 S.W.2d 705

Golson v. State

Court of Appeals of Texas

Decided October 3, 1996

Court of Appeals of Texas · decided 1996-10-03

Relies on Rose v. State · Long v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-10-03

How this case has been cited

Cited by 3 later decisions — most recently May 2014

2 state decisions

10199620002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*706OPINION ON MOTION FOR REHEARING

FEDERICO G. HINOJOSA, Jr., Justice.

¶2Appellant has filed an amended motion for rehearing in which she claims that we erred in addressing several of her appellate points. Appellant also argues, for the first time, that appellant’s conviction must be reversed because the “stalking” provision of the Texas harassment statute is unconstitutional on its face. In light of Long v. State, 931 S.W.2d 285 (Tex.Crim.App.1996), we reverse appellant’s conviction and order the prosecution dismissed.

¶3Appellant was convicted under the “stalking” provision of the harassment statute. In Long, the Court of Criminal Appeals determined that the “stalking” provision is facially unconstitutional. An unconstitutional statute is void from its inception. Rose v. State, 752 S.W.2d 529, 553 (Tex.Crim.App.1987). Because of this ruling, appellant’s conviction cannot stand.

¶4Accordingly, appellant’s conviction is reversed, and the case is remanded to the trial court to enter an order dismissing the prosecution. Long, at 297.

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