In Appellant's first issue, he argues that the evidence is insufficient to sustain his convictions for failure to register as a sex offender. Specifically, he argues that the State failed to prove that he acted with the requisite culpable mental state. Standard of Review and Applicable Law.
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When determining if evidence is sufficient to sustain a conviction, we apply the Jackson v. Virginia standard. See Brooks v. State , S. This standard requires the appellate court to determine whether, considering all the evidence in the light most favorable to the verdict, the fact-finder was rationally justified in finding guilt beyond a reasonable doubt. Jackson v. Virginia , U. In doing so, we defer to the fact-finder's credibility and weight determinations, because the fact-finder is the sole judge of the witnesses' credibility and the weight to be given to their testimony.
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Brooks , S. This standard recognizes "the responsibility of the trier of fact fairly to resolve conflicts in the testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. Accordingly, the fact finder is entitled to judge the credibility of the witnesses, and can choose to believe all, some, or none of the testimony.
Chambers v. When conflicting evidence is presented, we must resolve those conflicts in favor of the verdict and defer to the fact finder's resolution of those conflicts.
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Jackson , U. We may not substitute our own judgment for that of the fact finder. See id. State , 29 S. Circumstantial evidence is as probative as direct evidence in establishing the guilt of an actor and can be alone sufficient to establish guilt. Hooper v. Chapter 62 of the Texas Code of Criminal Procedure defines the scope of Texas's sex offender registration program and delineates the legal duties of those who administer it and those subject to its requirements.
See generally TEX.
TxDPS - Sex Offender Registration Program
A person commits the offense of failure to comply with registration requirements if the person 1 is required to register and 2 fails to comply with any requirement of Chapter A person is required to register "with the local law enforcement authority in any municipality where he resides or intends to reside for more than seven days" if he has a "reportable conviction or adjudication. A person required to register under Chapter 62 must report any changes to online identifiers or any new online identifiers not already on the person's registration form not later than the seventh day after the change or establishment or the first day the applicable authority by policy allows the person to report.
Online identifiers, as defined by Chapter 62, include names used on social networking accounts, such as Facebook. A person subject to registration under Chapter 62 is required to apply for a Texas issued driver's license, identification card, or commercial driver's license not later than the 30th day after the person is released from a penal institution, is released by a court on community supervision, or the department sends written notice to the person of the requirements of this Article.
Appellant argues that the State failed to prove that he acted intentionally or knowingly in not disclosing his Facebook account or showing proof of a Texas driver's license or identification card. He argues that evidence he was "incarcerated and unable to comply with the 'online registration' requirement or the driver's license requirement and in fact had a Louisiana driver's license" shows that he attempted to comply with the law and thus creates reasonable doubt as to whether he acted intentionally or knowingly.
Chase testified that Appellant had a conviction from Louisiana that the Texas Department of Public Safety determined was substantially similar, elementally, to the offense of indecency with a child by contact, and was thus, a reportable conviction. The State offered, and the trial court admitted, a certified copy of a document from East Baton Rouge Parish, Louisiana indicating that Appellant pleaded "guilty" to contributing to the delinquency of juveniles and was given a probated sentence which was revoked on September 21, Chase testified that Appellant initially registered as a sex offender with Shelby County in and was aware of his duty to register as a sex offender.
She indicated that sex offenders are required to comply with the registration requirements found in Chapter 62 of the Texas Code of Criminal Procedure, which includes disclosing any online identifiers and holding a Texas issued driver's license or identification card.
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Chase testified that she was alerted to Appellant's Facebook profile by D. Dickerson, a deputy with the Shelby County Sheriff's Office. Owners of City-data. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any data presented on this site.
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Jump to a detailed profile or search site with. Registered sex offenders in Bastrop, Texas. This database contains all information provided to Texas local law enforcement authorities by sex offenders required to register. State law specifically makes most information in this database freely available to the public.
Further, every local law enforcement authority in Texas maintains a sex offender registry that contains information on all sex offenders registered with the authority. Like the information in the TXDPS database, state law makes most registration information contained in local registries available to the public.