Harbin, Ex Parte Phillip Alan

• Court: Court of Criminal Appeals of Texas
• Decided: February 4, 2009
• Docket: AP-76,092
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NOS. AP-76,092 & AP-76,093

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EX PARTE PHILLIP ALAN HARBIN, Applicant

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ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. F-2000-1084-C & F-2000-1085-C

                                            IN THE 211^TH DISTRICT COURT

FROM DENTON COUNTY

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           Per curiam.

O R D E R

            Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant pleaded guilty and was convicted of failure to register as a sex offender and sentenced to ten years’ imprisonment for each cause. He did not appeal his conviction.

            Applicant contends that he is actually innocent. We order that this application be filed and set for submission to determine: (1) whether, based on the statute in place at the time of Applicant’s failure to register, Applicant had a reportable conviction and therefore had a duty to register and (2) whether, at the time of Applicant’s offenses, the California misdemeanor offense of “annoy or molest a child”, California Penal Code §647.6, was substantially similar to a Texas offense that would have required Applicant to register as a sex offender in Texas. The parties shall brief these issues. Oral argument is not permitted.

            It appears that Applicant is represented by counsel. Applicant’s brief shall be filed with this Court within 30 days of the date of this order. The State’s response shall be filed within 30 days after the filing of Applicant’s brief.

Filed: February 4, 2009

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