Crabtree, Mark Alan

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NO. PD-0645-11


MARK ALAN CRABTREE, Appellant

v.



THE STATE OF TEXAS




ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE TWELFTH COURT OF APPEALS

SMITH COUNTY


Hervey, J., filed a concurring opinion.

CONCURRING OPINION

I join the majority opinion, but I write separately to stress one salient point, one driven home to us, or should be, every day. It is not our job to legislate from the bench. We have a branch of government charged with this responsibility, and the Legislature has spoken--DPS is the proper authority for regulating whether an extra-jurisdictional conviction or adjudication triggers a person's duty to register. See Tex. Code Crim. Proc. art. 62.001(1), 62.003.

Hervey, J.

Filed: October 31, 2012

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