SANDERS, EX PARTE NATHAN Appeal from County Court at Law No 1 of Lubbock County (dissenting by presiding judge keller)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0469-19 Ex parte NATHAN SANDERS, Appellant ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SEVENTH COURT OF APPEALS LUBBOCK COUNTY KELLER, P.J., filed a dissenting opinion in which KEEL, J., joined. For the reasons discussed in my dissent in Barton v. State, ___ S.W.3d ____, No. PD-1123-19 (Tex. Crim. App. March 30, 2022), I strongly disagree with the Court’s conclusion that the electronic-communications statute can be upheld on the basis that it does not proscribe speech. Because a great number of applications of the statute will be to speech, the remaining question is whether the statute punishes a substantial amount of protected speech in relation to its legitimate sweep. Because the Court does not answer that question, I will say here only that the breadth of the statute convinces me that the answer is “yes.” I respectfully dissent. Filed: April 6, 2022 Publish

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