Green v. State
350 S.W.3d 617
| Tex. App. | 2011Background
- Green, a registered sex offender, was charged with failure to comply with sex-offender registration requirements for changing his address in April 2007 without seven days’ prior notice.
- Evidence showed defendant moved from 602 Highland Ave. to Holder Rd. around April 15, 2007; Guthrie claimed seven-day notice was required, and the Form stated seven days’ notice.
- Guthrie testified regarding registration rules and prior compliance; Graham testified that the Highland Ave. residence appeared abandoned but he did not witness a move.
- Appellant’s wife testified they moved without telling him; the State introduced fingerprint testimony showing prior indecency-with-child convictions as required for the indictment.
- Brooks v. State (abrogating factual-sufficiency review for conviction findings) was issued after trial, prompting reconsideration of sufficiency standards.
- Court concluded no evidence showed intentional, knowing, or reckless failure to comply; reversed and rendered acquittal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the April 2007 address-change evidence proves intent to move | Green | Green | Insufficient evidence; no shown intent to move not reported seven days prior |
| Whether November 2006 address change supports conviction | State | Green | Insufficient evidence; November move does not prove failure to report |
| Proper standard of review post-Brooks conclusion | State; adheres to legal sufficiency | Green; factual sufficiency retained | Jackson legal-sufficiency standard governs; factual sufficiency review abolished for Conviction Findings |
Key Cases Cited
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App. 2010) (abolished factual-sufficiency review for Conviction Findings; adopted Jackson standard for sufficiency)
- Clewis v. State, 922 S.W.2d 126 (Tex.Crim.App. 1996) (early factual-sufficiency framework; predecessor to current standards)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (established legal-sufficiency standard)
- Tibbs v. Florida, 457 U.S. 31 (U.S. 1982) (due process guidance on weight vs. sufficiency; double jeopardy considerations)
- Meraz v. State, 785 S.W.2d 146 (Tex.Crim.App. 1990) (historical basis for conviction-findings review; pre-Brooks framework)
- Watson v. State, 204 S.W.3d 404 (Tex.Crim.App. 2006) (discusses reliability of jury weight/credibility determinations)