The scenario is this: Defendant pleads guilty to 2 burglaries, and we agree that court can consider a (weak) indecency with a child case under section 12.45. Defendant now claims that he does not have to register since the court has not adjudicated his guilt of the sex offense - merely taken it into consideration in assessing punishment on the burglary cases. I'm sure the answer must be somewhere, but I haven't found it yet. Chapter 62 talks about deferred, but not about 12.45. Please help so he can either be prosecuted for failure to register, or we can at least avoid this issue in the future.

What kind of burglaries? I guess it wasn't of a habitation and with intent to commit sexual assault, indecency, etc.??

Was there really only one act of indecency? Under Vickit seems that every single act of indecency, even if during the same criminal episode, is a seperate offense. Maybe you could prosecute him for acts other than the one taken into considertion under 12.45 . . . Otherwise, he doesn't have to register unless ordered as a condition of parole/probation.

The burglaries were plain vanilla broke into a house, took a VCR and of a building, took some tools. No occupants, no threatened sexual assaults or indecency (completely unrelated incidents). No other acts / allegations of indecency. But the plea is for time, so no probation. Maybe as a condition of parole? Thanks for your response.