Morin v. State
340 S.W.3d 816
Tex. App.2011Background
- Morin pled guilty to one count of aggravated sexual assault of a child and three counts of indecency with a child by sexual contact.
- In 2006 Morin allegedly sexually assaulted a ten-year-old boy; investigation followed after the boy told his sister.
- In 2009 the State abandoned one indecency count; Morin pled not guilty to remaining counts and went to trial.
- After the ten-year-old complainant testified, Morin changed his plea to guilty on all counts.
- The jury sentenced Morin to 50 years for aggravated sexual assault and 10 years on each indecency count, with sentences concurrent.
- Morin timely appealed claiming the trial court failed to admonish him about sex offender registration mandated by law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to admonish on sex-offender registration voids the plea | Morin alleges lapse voids plea | State concedes failure but argues no new trial warranted | Article 26.13(h) precludes relief; no new trial |
Key Cases Cited
- Bessey v. State, 239 S.W.3d 809 (Tex.Crim.App. 2007) (admonition errors reviewed for harm under Rule 44.2(b))
- Anderson v. State, 182 S.W.3d 914 (Tex.Crim.App. 2006) (harm analysis for sex-offender registration admonitions)
- James v. State, 258 S.W.3d 315 (Tex.App.-Austin 2008) (admonition issues foreclosed by 26.13(h))