Opinion
No. 06-09-00047-CR
Date Submitted: October 8, 2009.
Date Decided: October 16, 2009. DO NOT PUBLISH.
On Appeal from the Sixth Judicial District Court, Lamar County, Texas, Trial Court No. 22883.
Before MORRISS, C.J., CARTER and MOSELEY, JJ.
MEMORANDUM OPINION
A Lamar County jury found Clarence Wesley Haley guilty of failing to register as a sex offender. See Tex. Code Crim. Proc. Ann. art. 62.102 (Vernon 2006). The trial court sentenced Haley, as an habitual offender, to forty-five years' imprisonment. See Tex. Penal Code Ann. §§ 12.32(c)(1), 12.42(c) (Vernon Supp. 2008). In a companion appeal, cause number 06-09-00046-CR, also before this Court, Haley appeals his second conviction for failing to register as a sex offender. In that case, Haley was also sentenced to forty-five years' imprisonment. The sentences are to run concurrently. In cause number 06-09-00046-CR, Haley raises one additional issue — that the indictment was fundamentally defective. Because the issues raised in each appeal are otherwise identical, for the reasons stated in our opinion dated this day in Haley v. State, cause number 06-09-00046-CR, we reform the judgment of the trial court to reflect the degree of offense to be a third-degree felony. We affirm the judgment, as reformed.
The statute on the judgment listed Section 62.10 of the Texas Code of Criminal Procedure as the statute for the offense. This statute was redesignated as Article 62.102 effective September 1, 2005.