No. AP-76,627.


Court of Criminal Appeals of Texas.




This is a post-conviction application for a writ of habeas corpus forwarded to this Court pursuant to Tex. Code Crim. Proc. art. 11.07, § 3, et seq. Applicant was convicted of the felony offense of kidnapping, and punishment was assessed at fourteen years' confinement. No direct appeal was taken.

Applicant contends that the Texas Department of Criminal Justice (TDCJ) placed sex offender conditions (special condition X) on his parole due to the underlying facts of this case, but that this cause had no sexual component and therefore those sex offender conditions are improper. We remanded this application to the trial court for supplemental findings of fact and conclusions of law in light of our recent decision in Ex parte Evans, 338 S.W.3d 545 (Tex. Crim. App. 2011).

The trial court has decided that TDCJ did not provide adequate due process protections before placing the sex offender conditions on Applicant's parole. We agree.

We find, therefore, that Applicant is entitled to relief. TDCJ shall remove the sex offender conditions from the terms of Applicant's parole. A copy of this opinion shall be delivered to TDCJ.

KELLER, P.J., filed a dissenting opinion.

This case is in a confusing procedural posture. The present application was filed in the trial court under the cause number for a kidnapping offense. Applicant has discharged the sentence in the kidnapping case. He is on parole for a separate robbery conviction, and it is to this parole that the complained-of sex-offender conditions are attached.

Because the sentence for the kidnapping offense has been discharged, this application should be dismissed. Applicant should file a habeas application in the robbery case to properly bring his complaint about the sex-offender conditions.

I respectfully dissent.


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