Craig Anthony Gilder v. State
14-14-00523-CR
| Tex. App. | Mar 6, 2015Background
- Gilder, a registered sex offender, lived at 7601 Curry St., Apt. 2; he was not on the lease and faced a trespass warning barring him from the premises in Aug. 2012.
- The apartment was vacant and undergoing remodeling by Jan.: no evidence of ongoing occupancy after eviction and remodeling started Jan. 2013.
- State charged Gilder with failing to provide seven days’ notice before changing his residential address under Article 62.055(a).
- The indictment alleged an intended change of address and failure to notify the local enforcement authority seven days prior to the move.
- State sought to prove the move occurred in 2012–2013 and that Gilder left without giving required notice; the State urged reliance on inferences of intent to change address.
- Gilder argued the State failed to show any intent to leave the registered address, citing Green v. State as controlling law; the defense also suggested a necessity defense under Penal Code §9.22.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Green remains good law for the seven-day notice statute | Green controls; it held no intent to move found, insufficient evidence | Thomas overruled Green; Green should be effectively overruled | Green is not controlling; court may rely on Thomas for sufficiency |
| Whether there is sufficient evidence Gilder intentionally changed address without seven days’ notice | Evidence shows he left 7601 Curry and failed to provide notice | No direct evidence of a new address; any inference is insufficient | Sufficient evidence under Thomas for intentional address change and failure to give notice |
| Whether a necessity defense applies to the seven-days notice requirement | Necessity defense does not apply because evidence of necessity lacking | Necessity may excuse failure to comply with seven-days’ notice | Necessity defense not established; defense barred due to lack of admissible evidence |
Key Cases Cited
- Green v. State, 350 S.W.3d 617 (Tex. App.—Houston [14th Dist.] 2011) (address-change notice requirement challenged when move forced by eviction/trespass)
- Thomas v. State, 444 S.W.3d 4 (Tex. Crim. App. 2014) (overruled Green in context of seven-day notice; affirmed sufficiency via inference)
- Juarez v. State, 308 S.W.3d 398 (Tex. Crim. App. 2010) (justification defenses subject to confession-and-avoidance)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (permissible inferences and evidentiary foundations for intent)