Charbonneau, Paul Edward

• Court: Court of Appeals of Texas
• Decided: April 8, 2015
• Docket: WR-82,953-01
• Status: Published

Opinion

WR-82,953-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/6/2015 4:39:27 PM Accepted 4/8/2015 8:57:47 AM ABEL ACOSTA NO. ____________________________ CLERK

IN THE TEXAS RECEIVED COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS 4/8/2015 AUSTIN, TEXAS ABEL ACOSTA, CLERK

EX PARTE

PAUL EDWARD CHARBONNEAU

APPLICANT

_______________________________________________________ AN APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS SUPPLEMENTAL MEMORANDUM OF LAW _________________________________________________________

BLAKE R. BURNS State Bar No. 24066989 115 North Henderson Street Fort Worth, Texas 76102 (817) 870-1544 telephone (817) 870-1589 facsimile bburnslaw@gmail.com NO. ____________________________

IN THE TEXAS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

_______________________________________________________ AN APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS SUPPLEMENTAL MEMORANDUM OF LAW _________________________________________________________

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:

COMES NOW, PAUL EDWARD CHARBONNEAU, Applicant and files

this his appeal from Cause Nos. 1216154D out of Criminal District Court No. 4,

Tarrant County, Texas.

1 ARGUMENT

I. Applicant was convicted under §33.021(f) as opposed to §33.021(b).

Applicant would like to clarify the arguments contained in his original

memorandum of law previously submitted to this Honorable Court. The original

brief discussed the fact that §33.021(b) has been declared unconstitutional.

Applicant was actually indicted for and convicted under §33.021(f) as

opposed to §33.021(b). Applicant should still be entitled to relief from this

conviction because the text of §33.021(f) directly references §33.021(b) as a pre

requisite to obtain a conviction for §33.021(f). Subsection (f) reads as follows:

“An offense under Subsection (b) is a felony of the third degree, except that

the offense is a felony of the second degree if the minor is younger than 14 years of

age or is an individual whom the actor believes to be younger than 14 years of age

at the time of the commission of the offense.”

Therefore §33.021(f) should be held to be unconstitutional on its face in

accordance with Ex Parte Lo, 424 S.W.3d 10 (Tex.Crim.App. 2013) and Ex Parte

Chance, No. WR-81,136-01 (Tex.Crim.App. May 7, 2014).

CONCLUSION AND PRAYER

WHEREFORE, PREMISES CONSIDERED, Applicant PAUL EDWARD

CHARBONNEAU prays this Honorable Court to set this matter for hearing and after

2 a full review to remand the cause for the trial court so that this case may be disposed

of in accordance with this Court’s holdings in Ex Parte Lo, for a termination of his

requirement to register as a sex offender, and for other such relief to which the

Applicant may show himself justly entitled.

Respectfully submitted,

/s/ Blake Burns BLAKE R. BURNS State Bar No. 24066989 115 North Henderson Street Fort Worth, Texas 76102 (817) 870-1544 telephone (817) 870-1589 facsimile bburnslaw@gmail.com

CERTIFICATE OF COMPLIANCE

I, Blake Burns, attorney for Applicant, hereby certify there are 635 words

in this document.

/s/ Blake Burns BLAKE R. BURNS State Bar No. 24066989 115 North Henderson Street Fort Worth, Texas 76102 (817) 870-1544 telephone (817) 870-1589 facsimile bburnslaw@gmail.com

3 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing instrument has been delivered or caused to be delivered to:

CHARLES “CHUCK” MALLIN APPELLATE DIVISION TARRANT COUNTY DISTRICT ATTORNEY Tarrant County Justice Center 401 W. Belknap Fort Worth, Texas 76196

PAUL EDWARD CHARBONNEAU APPLICANT 13900 Sparrow Hill Dr. Little Elm, Texas75068

on this the 6th day of April, 2015.

/s/ Blake Burns BLAKE R. BURNS

4 APPENDIX

Applicant’s Exhibit 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indictment

Applicant’s Exhibit 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judgment and Sentence

Applicant’s Exhibit 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parole Certificate