Harris v. State
364 S.W.3d 328
| Tex. App. | 2012Background
- Harris was convicted in 1992 of aggravated kidnapping with intent to violate sexually and aggravated sexual assault and later released in 2004.
- After release, he was required to register as a sex offender and verify every ninety days for life; last successful verification was May 13, 2008.
- The registration office moved from the downtown HPD station to a Mykawa Road substation in 2008, with notices mailed to offenders and front-desk staff directed to inform offenders.
- Appellant missed the August 2008 verification period; testimony showed conflicting facts about whether he was informed of the relocation and where to verify.
- The trial court, at a October 16, 2009 pre-trial hearing, offered Harris four years if he pleaded guilty; he rejected and elected a jury trial.
- Following a jury verdict, the court imposed a twenty-year sentence after reviewing enhancement allegations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for intent to fail to verify | Harris argued no proof of intentional/knowingly failure. | State contends evidence supports notice of relocation and intentional/knowing noncompliance. | Rational jury could find intentional/knowing failure. |
| Judicial vindictiveness claim preservation | Sentence punished Harris for electing jury trial after a plea offer. | No preservation because no timely objection/preserving in trial court. | Not preserved; rejected. |
| Availability of October 16, 2009 pre-trial record | Missing transcript affects vindictiveness claim review. | Record not necessary for issues; court record suffices. | Record not necessary; no reversal. |
Key Cases Cited
- Neal v. State, 150 S.W.3d 169 (Tex.Crim.App. 2004) (preservation required for prosecutorial vindictiveness claim)
- Pearce, 395 U.S. 711 (U.S. 1969) (presumptive vindictiveness after retrial; relevant to vindictiveness doctrine)
- Varnes v. State, 63 S.W.3d 824 (Tex.App.-Houston [14th Dist.] 2001) (mens rea for failure to register involves duty/knowledge)
- Ballard v. State, 149 S.W.3d 693 (Tex.App.-Austin 2004) (mental-state requirement for failure to register underlying conduct)
- Valle v. State, 109 S.W.3d 500 (Tex. Crim. App. 2003) (preservation when court reporter failure to record)