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Click here for the full text of this decision FACTS:The appellant was convicted of indecency with a child by exposure and attempted aggravated sexual assault of a child. The trial court ordered his sentences to run consecutively under Texas Penal Code �3.03(b)(2)(A) of the Penal Code. The Court of Appeals affirmed. HOLDING:Reversed and remanded. Section 3.03(b)(2)(A) is unambiguous. Parfait was convicted of indecency with a child by exposure and attempted aggravated sexual assault of a child. The statute authorizes sentences to run consecutively for more than one conviction arising out of the same criminal episode if the conviction is for an offense under certain sections of the Penal Code, including ��21.11 and 22.021. Section 15.01 governs attempted offenses. But, �3.03(b)(2)(A) does not include �15.01 in the list of offenses for which sentences may run consecutively. If the Legislature had intended for the statute to include attempted offenses, it could have easily added the words “or a conviction for an attempted offense of these penal code provisions under �15.01.” But, it did not do so. The court of appeals based its holding on the premise that a conviction for an attempted offense is a conviction of the underlying penal code provision as well. However, �15.01 distinguishes attempted offenses from completed offenses under other sections of the Penal Code by stating that “[a] person commits an offense if, with specific intent to commit an offense, he does an act amounting to more than mere preparation that tends but fails to effect the commission of the offense intended.” The essence of attempt is that the offense attempted need not be proved. Additionally, under �15.01 attempted offenses receive a different punishment than those for offenses under other sections of the penal code-”one category lower than the offense attempted.” The court concludes that if a person is found guilty of an attempted offense, his conviction is not under both �15.01 and the underlying penal code provision, and so �3.03(b)(2)(A) does not include attempted offenses. The state contends that the purpose of �3.03(b)(2)(A) is to protect the innocent from child rapists, and “it is clearly reasonable to interpret Tex. Penal Code �3.03(b)(2)(A) to include offenses where the defendant had the specific intent to sexually assault a child, acted on his intent, but failed.” The court agrees that it may have been the Legislature’s intent to protect the innocent, but “the Legislature must be understood to mean what it has expressed . . . .” Boykin v. State, 818 S.W.2d 782 (Tex. Crim. App. 1991). Surely the Legislature intended to protect the innocent in enacting the sex offender registration program, but it specifically included attempted sexual offenses as reportable convictions or adjudications in the sex offender registration statute. The court finds that because the plain language of �3.03(b)(2)(A) fails to enumerate �15.01, it excludes attempted offenses. Furthermore, applying the plain language of the statute does not lead to absurd results. It is not absurd to require a trial court to run sentences for criminal attempt offenses concurrently with sentences for completed offenses listed in �3.03(b)(2)(A) while giving the trial court discretion to run sentences consecutively for more than one conviction of a completed offense listed in that section. And, it is conceivable that the Legislature sought to distinguish between completed offenses and attempts by carving out an exception to the general requirement that sentences for convictions arising out of the same criminal episode run concurrently. It is possible that the Legislature intended to exclude criminal attempts within the statute’s purview. The court holds that the plain language of �3.03(b)(2)(A) unambiguously excludes attempted offenses, and a literal application of its plain language does not lead to absurd consequences. OPINION:Keasler, J.

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