NO. ____________________________

IN THE TEXAS

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

EX PARTE

PAUL EDWARD CHARBONNEAU

APPLICANT

_______________________________________________________

AN APPLICATION FOR ORIGINAL 

WRIT OF HABEAS CORPUS

SUPPLEMENTAL MEMORANDUM OF LAW

 _________________________________________________________

BLAKE R. BURNS

State Bar No. 24066989

115 North Henderson Street

Fort Worth, Texas 76102

(817) 870-1544 telephone

 (817) 870-1589 facsimile

bburnslaw@gmail.com

WR-82,953-01

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/6/2015 4:39:27 PM

Accepted 4/8/2015 8:57:47 AM

ABEL ACOSTA

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 4/8/2015 ABEL ACOSTA, CLERK 
1

NO. ____________________________

IN THE TEXAS

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

EX PARTE

PAUL EDWARD CHARBONNEAU

APPLICANT

_______________________________________________________

AN APPLICATION FOR ORIGINAL 

WRIT OF HABEAS CORPUS

SUPPLEMENTAL MEMORANDUM OF LAW

_________________________________________________________

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

COMES NOW, PAUL EDWARD CHARBONNEAU, Applicant and files 

this his appeal from Cause Nos. 1216154D out of Criminal District Court No. 4, 

Tarrant County, Texas.
2

ARGUMENT

I. Applicant was convicted under §33.021(f) as opposed to §33.021(b). 

Applicant would like to clarify the arguments contained in his original

memorandum of law previously submitted to this Honorable Court. The original 

brief discussed the fact that §33.021(b) has been declared unconstitutional. 

Applicant was actually indicted for and convicted under §33.021(f) as 

opposed to §33.021(b). Applicant should still be entitled to relief from this 

conviction because the text of §33.021(f) directly references §33.021(b) as a pre 

requisite to obtain a conviction for §33.021(f). Subsection (f) reads as follows:

“An offense under Subsection (b) is a felony of the third degree, except that 

the offense is a felony of the second degree if the minor is younger than 14 years of 

age or is an individual whom the actor believes to be younger than 14 years of age 

at the time of the commission of the offense.”

Therefore §33.021(f) should be held to be unconstitutional on its face in 

accordance with Ex Parte Lo, 424 S.W.3d 10 (Tex.Crim.App. 2013) and Ex Parte 

Chance, No. WR-81,136-01 (Tex.Crim.App. May 7, 2014). 

CONCLUSION AND PRAYER

WHEREFORE, PREMISES CONSIDERED, Applicant PAUL EDWARD 

CHARBONNEAU prays this Honorable Court to set this matter for hearing and after 
3

a full review to remand the cause for the trial court so that this case may be disposed 

of in accordance with this Court’s holdings in Ex Parte Lo, for a termination of his 

requirement to register as a sex offender, and for other such relief to which the 

Applicant may show himself justly entitled. 

Respectfully submitted,

/s/ Blake Burns 

BLAKE R. BURNS

State Bar No. 24066989

115 North Henderson Street

Fort Worth, Texas 76102

(817) 870-1544 telephone

 (817) 870-1589 facsimile

bburnslaw@gmail.com

CERTIFICATE OF COMPLIANCE

I, Blake Burns, attorney for Applicant, hereby certify there are 635 words 

in this document. 

/s/ Blake Burns 

BLAKE R. BURNS

State Bar No. 24066989

115 North Henderson Street

Fort Worth, Texas 76102

(817) 870-1544 telephone

 (817) 870-1589 facsimile

bburnslaw@gmail.com
4

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has 

been delivered or caused to be delivered to:

CHARLES “CHUCK” MALLIN

APPELLATE DIVISION

TARRANT COUNTY DISTRICT ATTORNEY

Tarrant County Justice Center

401 W. Belknap

Fort Worth, Texas 76196

PAUL EDWARD CHARBONNEAU

APPLICANT

13900 Sparrow Hill Dr. 

Little Elm, Texas75068

on this the 6th day of April, 2015.

/s/ Blake Burns 

BLAKE R. BURNS
5

APPENDIX

Applicant’s Exhibit 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indictment

Applicant’s Exhibit 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judgment and Sentence

Applicant’s Exhibit 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parole Certificate