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Case Facts: Defendant has a lifetime registration requirement. Fails to report a change in his employment for more than 6 months.

I have a defense attorney arguing that under Tex. CCP § 62.051(6) that a offender is not required to report a change in his employment unless he is an employee at a public or private institution of higher education.

He is basing his argument on diagramming the sentence of subsection 6. He says that the because of the way the sentence is constructed the "at a particular public or private institution of higher education language" modifies to the whole sentence not just the "student" portion.

I can't find anywhere else in the code where it talks about the different information the offender is required to report on his registration. My pointing out to the defense attorney that is a well accepted violation of the offenders duty to register is going nowhere.

Does anybody have quick case they can point me to? Or a section under the CCP or Penal Code that I am missing? Or should I just let him make this novel argument on appeal?
 
Posts: 63 | Location: Henderson, Texas, United States | Registered: December 02, 2011Reply With QuoteReport This Post
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Contact the registration attorneys at DPS and see if they have come across that argument.
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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doesn't the requirement also fall under 62.057 (b), (c)?
 
Posts: 52 | Location: Fort Worth | Registered: March 24, 2008Reply With QuoteReport This Post
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