shor,vedthat appellantwas convicted of the
felony offense of indecencywith a child in 2001 and receiveda prison
l1 sentenceof eight years.(RR III 88-91; SX- 16). Becauseof that felony
conviction,appellantwas requireclto abideby the rules of sexualoffender
registrationupon his releasefrom prison. (RR III I I I ; SX- I 7). Appellant
cornpliedwith the registrationrules during his pre-release and releasefrom
prison in 2009 by listing his addresson GlenmontDrive in Houston,Texas.
(RR III 111; SX-17,18).From 2009until 2013,appellant compliedwith the
registrationprogram by registerirrgwith the Houston Police Deparlment
(HPD). (RR III 3 l). On August 21, 2012, appellantcompliedwith the
registrationprogramby updatinghis registrationand listing an addressof
6110 GlenmontDrive, apartment57. (RR III ll6; SW-32).The apartment
manager fbr the La Hacienda r\partmentsexplained that this complex
of two buildings,6100Glenmontand 61I 0 Glenmont.(RR lIl 62). corrsisted
On March 6, 2013, appellantwent to HPD to comply with the
registrationprogramsincehe intendedto move to a different apaftmentin
the same apartmentcomplex, La Hacienda.(RR III 99-104). Appellant
intendedto changehis registrationfrom 6110 Glenmont,apartment57 to
show his intendednew aparlmentat La Hacienda Apartmentsof 6100
Glenmont,apartment45. (RR III 99-104).Appellant specificallytold the
registrationofficer that he intendedto move to 6100 Glenmont,apaftment
45, but the March 6,2013 registrationform mistakenlylisted an addressof
6110 Glenmont,apartment45, not the 6100 Glenmont,apartment45 as
by appellant.(RR III 20-25,52,99-l0a; SX- 1). intendedandrequested
On October 27, 2013, Officer C.R. Black, with HPD's Sexual
OffenderCompliancelJnit, checkedwhetherappellantwas complyingwith
the registrationprogramand actuatlyliving at 6110Glenmont,apartment45.
(RR fII 34-42).Officer Black indicatedthat his investigationshowedthat
appellantwas not living at 6110Glenmont,apartment45 at that time. (RR
rrr43). that appellantintendedto properly In this case,the evidenceestablished
comply with all of the requirementsof the Texas Sex Offender Registration
from prison in 2009,upon his releasefrom Programduring his pre-release
notiflcation.Any prison in 2009, and into 2013 upon his change-of-address
in appellant'slast listedaddressand/orapartmentnumberwere discrepancies
merely a negligentmistakeon of the registeringauthority and/or
appellant. Since appellant maintaineda residencein the same apaftment
complex,but a differentbuilding,after his changeof addressin 2013, it is
that a mistakecoulclbe made.Therewas no intentby appellant understandable
to evadehis dutiesto properly registeras a sex offenderin 2013.Therefore,
the evidencedoes not establishbeyond a reasonabledoubt that appellant
intentionallyor knowingly failed to timely provide in personthe defendant's
l3 anticipatedmove date and new addressto the Houston Police, by failing to
provide said informationin personat leastsevendaysbeforethe defendant's
changeof address.Thus, no rational factfinder could have found that each
essentialelement of the chargedoffense was proven beyond a reasonable
doubt.
This caseis distinguishablefrom Robinson v. Statesincethe Statewas
required to prove that Febus had a culpable mental state when failing to
providethe comectaddresssincei1.was an elementchargedin the indictment
that specificallymodified appellant'sfailure to act. Thus, the holding in
Robinsonis not dispositiveof this oase.
Conclusionand PraYer
Appellantpraysthat this HonorableCourtgrantAppellant'sPetitionfor
of the Courtof Appeals,andacquit Review,reversethe clecision Discretionary
Appellant.
Submitted, Respectfully '-'i i f w