In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
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No. 06-09-00047-CR
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CLARENCE WESLEY HALEY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Sixth Judicial District Court
Lamar County, Texas
Trial Court No. 22883
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Chief Justice Morriss
MEMORANDUM OPINION
A Lamar County jury found Clarence Wesley Haley guilty of failing to register as a sex
offender. See TEX . CODE CRIM . PROC. ANN . art. 62.102 (Vernon 2006).1 The trial court sentenced
Haley, as an habitual offender, to forty-five years' imprisonment. See TEX . PENAL CODE
ANN . §§ 12.32(c)(1), 12.42(c) (Vernon Supp. 2008).
In a companion appeal, cause number 06-09-00046-CR, also before this Court, Haley appeals
his second conviction for failing to register as a sex offender. In that case, Haley was also sentenced
to forty-five years' imprisonment. The sentences are to run concurrently. In cause number 06-09-
00046-CR, Haley raises one additional issue—that the indictment was fundamentally defective.
Because the issues raised in each appeal are otherwise identical, for the reasons stated in our
opinion dated this day in Haley v. State, cause number 06-09-00046-CR, we reform the judgment
of the trial court to reflect the degree of offense to be a third-degree felony.
1
The statute on the judgment listed Section 62.10 of the Texas Code of Criminal Procedure
as the statute for the offense. This statute was redesignated as Article 62.102 effective September 1,
2005.
2
We affirm the judgment, as reformed.
Josh R. Morriss, III
Chief Justice
Date Submitted: October 8, 2009
Date Decided: October 16, 2009
Do Not Publish
3