X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:Though Edward Galvan Coronado first registered with the Sex Offender Registration Program when he was paroled in 1998, he failed to verify his registration in 2003. He was charged with failing to register, and a jury found him guilty. He was sentenced to 25 years in prison. Coronado raises four issues on appeal related to the sex offender registry: 1. it violates due process of law under the U.S. Constitution; 2. it violates due course of law under the Texas Constitution; 3. it constitutes ex post facto punishment in violation of the U.S. Constitution; and 4. it constitutes ex post facto punishment in violation of the Texas Constitution. HOLDING:Affirmed. Coronado’s due process argument is based on his argument that the statute is unconstitutionally vague; however, Coronado offers no evidence that he lacked notice of the duty to register. In fact, the evidence establishes that the state gave Coronado notice. Furthermore, the registry statute provides determinate guidelines for law enforcement, and is “quite explicit” in its requirements and enforcement standards. Nothing is left to the discretion of law enforcement officers, so the registry does not encourage arbitrary and discriminatory enforcement. And there is evidence law enforcement followed the statute’s guidelines in Coronado’s situation. “Accordingly, because [Coronado] had fair notice of the [registry's] requirements, and the [registry] does not encourage arbitrary and discriminatory enforcement, we reject [Coronado's] challenge that the [registry] is unconstitutionally vague on its face.” The court then points to the Court of Criminal Appealsprior holding that the registry is civil and remedial in nature, not punitive, so its retroactive application does not violate the ex post facto clause of the state or federal constitutions. OPINION:Seymore, J.; Edelman, Seymore and Ray, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.