Background

• Crabtree's Washington convictions in 1989 included rape of a child in the first degree, child molestation in the first degree, and statutory rape in the first degree.
• In January 2009 Smith County law enforcement learned of these convictions and concluded Crabtree had a Texas registration duty he allegedly failed to meet.
• Indictment charged Crabtree with failing to register due to a reportable conviction for Rape of a Child in the First Degree.
• At trial the State introduced Crabtree’s Washington judgments and fingerprint matching; Deputy Scott testified Washington rape of a child was substantially similar to Texas aggravated sexual assault of a child based on the title alone.
• DPS is the agency responsible for determining substantial similarity; no DPS determination was shown to have been made or validated for Crabtree at trial.
• Crabtree was convicted of a second-degree felony; the court held that DPS’s substantial-similarity determination is an essential element of the offense and reversed for acquittal.

Issues

Key Cases Cited

• Ex parte Warren, 353 S.W.3d 490 (Tex.Crim.App.2011) (substantial-similarity determinations relate to registration context)
• Prudholm v. State, 333 S.W.3d 590 (Tex.Crim.App.2011) (substantial-similarity determinations are law questions in some contexts)
• Ex parte White, 211 S.W.3d 316 (Tex.Crim.App.2007) (substantial-similarity considerations in registration proceedings)
• Ex parte Harbin, 297 S.W.3d 283 (Tex.Crim.App.2009) (discussion of substantial similarity and DPS role)
• Jackson v. Virginia, 443 U.S. 307 (1983) (standard of review for sufficiency of evidence)
• United States v. Mendoza-Lopez, 481 U.S. 828 (1987) (due-process concerns when using administrative determinations in criminal trials)