This section contains the nature of the case and procedural background.

D contacted a girl named 'Emma' through her MySpace and Yahoo! Accounts. D concedes he believed Emma was a fourteen-year-old girl. Emma was actually a persona created by Collin County Sheriff's deputy Scotty Morrison. D and Emma chatted via an instant messenger system. D used the screen name 'rygee253,' and Emma used the screen name 'tennisgirl0893.' The chatting escalated into explicit sexual conversation. The online chat log was admitted into evidence at trial as State's Exhibit no. 1. Eventually 'rygee253' and 'tennisgirl0893' agreed to meet at a nearby park. D was arrested. D said he was sorry and that he never intended to have sex with Emma. D requested a renunciation instruction, and it was denied. D was convicted and appealed.

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