Does anyone have a model indictment for Failure to register as a sex offender? Also, can you use the sex conviction to enhance the failure to register?

Not sure if there is a case specifically addressing Ch. 62 offenses, but my assumption has always been that the Granado-Garcia-Ramirez-Wisdom-McWilliams theory would bar the enhancement. See 782 S.W.2d at 875.

We have a case before the Third Court of Appeals on that very issue. We take the position that a defendant's status as a registered sex offender is not an element of the offense that prevents use of the conviction as an enhancement. We aren't real sure how this will come out. (The defendant got 60 years in prison.)

For details of the arguments and a copy of the brief, contact Doug Arnold (512-943-1234).