Defendant has failed to comply with Sex Offender Registration.

I have a pen pack that contains two separate judgments that recite Defendant went to prison for two third degree Indecency cases, making the failure to register a State Jail, enhanced to 2-20y punishment because of two other pen trips. During voir dire, jury is qualified as such because I, Defense attorney, and Court were relying on the pen pack.

After voir dire, but before the jury is sworn, I receive certified copies of the above mentioned judgments for indecency, one of which recites that Defendant went to prison for a SECOND Degree, making the offense of failing to register a third degree, enhanced to 25-99y punishment.

Both judgments are certified by the clerk of the court and are identical with the exception of the degree of the felony.

The judgment on the indecency case is 20 years old and I can find no one who knows why the difference is present in the judgment sent to TDC.

Would it be proper for the Court to poll the jury before being sworn so as to qualify the jury on the 25-99 range of punishment?

Anyone see any other problems as to the validity of the judgment or with empaneling the jury?

I'd appreciate anyone's thoughts on this!

Thanks!

This sounds like an appellate nightmare.

We had something kind of similar that put the punishment range higher than was voir dired on or than the defendant was admonished on. We ended up abandoning the enhancement. It was still an appellate issue because he claimed he was never admonished on the proper punishment....which I argued was harmless because we abandoned the enhancement.

I don't know what to tell you to do.
But, make sure that his admonishment is on the record (with whatever punishment range you end up going on).
Also make sure that whatever you decide to do that he and his trial counsel state on the record that they are in agreement and do not object.

Give defendant two choices:

(1) mistrial by agreement or
(2) go forward without objection after full notice and time for any additional preparation.

But, really, should consider a plea bargain that waives appeal.

Great job in getting defense counsel to move for the mistrial. Good resolution; now you can get him on the higher range of punishment. Keep up the good work.