Becerra, Mario ( 2020 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-91,763-01 EX PARTE MARIO BECERRA, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2016-409,387-A TH IN THE 137 DISTRICT COURT FROM LUBBOCK COUNTY Per curiam. OPINION Applicant was convicted of failure to register as a sex offender and sentenced to five years’ imprisonment. The Seventh Court of Appeals affirmed his conviction. Becerra v. State, No. 07-17- 00169-CR (Tex. App.–Amarillo Oct. 24, 2018). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC . art. 11.07. Applicant alleges that his sentence is illegal because he had a ten year limit on his requirement to register, not a lifetime requirement, therefore the failure to comply was a state jail felony, not a third degree felony as his judgment states. The State and the trial court agree that Applicant had a ten year duty to register and therefore 2 his five year sentence is outside the proper punishment range for his state jail offense. We agree. Relief is granted. The punishment in Cause No. 2016-409,387 in the 137th District Court of Lubbock County is vacated and set aside and Applicant is remanded to the custody of the Sheriff of Lubbock County to receive a new punishment hearing. Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division. Delivered: October 7, 2020 Do not publish