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Click here for the full text of this decision FACTS:Appellant, as a sex offender, was required to register with the Department of Public Safety, and he did so. However, appellant failed to verify his initial registration and current address with his local law-enforcement agency, the El Paso Police Department, within seven days of his release. The grand jury indicted appellant for failing to register as a sex offender. Appellant requested a jury trial, but filed a written election of sentencing by the trial court. The state presented evidence at the guilt phase of trial that the conditions of appellant’s release required him to verify his contact information with law-enforcement officials every 90 days for the rest of his life, and that he failed to satisfy that obligation for approximately two years. The jury convicted appellant of failing to register as a sex offender, and the judge sentenced him to 15 years’ imprisonment in TDCJ-CID, a term allowable only under Texas Code of Criminal Procedure Article 62.10(b)(3). Appellant appealed, asserting that the trial court erred in sentencing him within the range of a second-degree felony because the jury was not given the opportunity to decide whether the “enhancement” allegations contained in Article 62.10(b)(3) were true. The court of appeals, relying on Johnson v. State, 23 S.W.3d 1 (Tex. Crim. App. 2000) and Apprendi v. New Jersey, 530 U.S. 466 (2000), found that the evidence was factually sufficient to support appellant’s conviction. The court of appeals also concluded that charging appellant with a second-degree felony under Article 62.10(b)(3) did not violate Apprendi because Article 62.10(b) sets out independent chargeable offenses, not enhanced penalties, and appellant was punished within the appropriate statutory punishment range. HOLDING:Affirmed. The duty to verify is based neither on the number of prior convictions, as in Texas Penal Code �12.42 (Penalties for Repeat and Habitual Felony Offenders), nor on the amount of some item, as in the statutes that govern theft and possession of controlled substances. Rather, the statute concerning failure to register is similar to the burglary statute, Texas Penal Code �30.02, which sets out the basic elements of burglary, e.g., entry without consent, and then sets out, in separate subsections, additional elements of burglary that determine what degree of felony shall be charged, e.g., the entry was into a habitation. The court holds that the subsections of Texas Code of Criminal Procedure Article 62.10(b) describe separate offenses and are not enhancement provisions. The court finds no Apprendi error. Once the state has proved beyond a reasonable doubt at the guilt phase that a defendant had a reportable conviction and that, as a result of that conviction, he must verify his registration every 90 days for the remainder of his life, the elements that make the failure to register a second-degree felony are satisfied. The jury in this case so found. The trial court was authorized, without any further fact-finding, to assess a sentence within the range of a second-degree felony. Appellant was sentenced to 15 years’ imprisonment, a term well within the statutory punishment range for a second-degree felony. OPINION:Johnson, J., delivered the opinion of the Court in which Meyers, Price, Womack, Keasler, Holcomb, and Cochran, JJ., joined. Keller, P.J., and Hervey, J., concurred in the result.

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