We've got a guy who signed up for probation on a sexual assault. Now, he says he didn't know he was going to have to go to group counseling with "perverts" and he never would have signed up for probation if he had known about that condition. He filed a motion for new trial, which we were able to defeat. Now, he says he wants to appeal. He has yet to register as a sex offender. I've looked on the old posts, the CCP, and on lexis to see if he has to register while his appeal is pending, but I can't find an answer. Help.

CCP 62.001(5) defines "reportable conviction or adjudication" to mean "a conviction or adjudication, including an adjudication of delinquent conduct or a deferred adjudication, that, regardless of the pendency of an appeal, is a conviction for or an adjudication for or based on: [list follows ...]

Shannon,

How do you have time to respond to questions on this site when we know you are at the capital 24/7?


TDCAA members this is the man together with Rob that the Texas Legislature looks to for answers. Please support their efforts to keep prosecutors strong, independent and well trained so we can protect our communities.

Shannon has a secret laptop computer in his shoe, not unlike Maxwell Smart, that allows him to respond to prosecutor's questions as needed. Don't tell anyone, it's a secret.

E,

The controlling factors would also include how long has it been since the defendant pleaded. Has the time to file a Motion for a New Trial elapsed? I would talk to his attorney to discover if he was properly admonished about the sexual offender conditions. Also, when the defendant signed his conditions of probation at his first meeting with the PO, either at the time of the plea or at his first meeting thereafter? You can ask the PO who did the probation intake interview on him about that. Did the defendant sign a document indicating acceptance of the sexual offender conditions at the time of the plea? I know you have two fine judges in your jurisdiction, and at some point during the plea I would assume they mentioned compliance with the sexual offender conditions and that would be on the record.

All these suggestions are things that would defeat a timely filed MNT based upon his claim of unawareness of the sexual offender conditions.

Thanks for the quick answer and the advice, guys. GG, we already defeated his MNT, but he wants to appeal now. We'll see what his lawyer pulls out of his hat then.

If you made a record on the MNT as to any of these issues, particularly if his attorney properly advised him of them, be sure to incorporate that into your response for any writ.

Thanks for the kind words, Martha.

I'm just trying not to let John Bradley get too far ahead of me on the number of posts; if I keep him within shouting distance, I might be able to catch up before the next legislative session.

Did someone ask me a question?