WR-82,953-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/6/2015 4:39:27 PM
Accepted 4/8/2015 8:57:47 AM
ABEL ACOSTA
NO. ____________________________ CLERK
IN THE TEXAS RECEIVED
COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS 4/8/2015
AUSTIN, TEXAS ABEL ACOSTA, CLERK
EX PARTE
PAUL EDWARD CHARBONNEAU
APPLICANT
_______________________________________________________
AN APPLICATION FOR ORIGINAL
WRIT OF HABEAS CORPUS
SUPPLEMENTAL MEMORANDUM OF LAW
_________________________________________________________
BLAKE R. BURNS
State Bar No. 24066989
115 North Henderson Street
Fort Worth, Texas 76102
(817) 870-1544 telephone
(817) 870-1589 facsimile
bburnslaw@gmail.com
NO. ____________________________
IN THE TEXAS
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
EX PARTE
PAUL EDWARD CHARBONNEAU
APPLICANT
_______________________________________________________
AN APPLICATION FOR ORIGINAL
WRIT OF HABEAS CORPUS
SUPPLEMENTAL MEMORANDUM OF LAW
_________________________________________________________
TO THE HONORABLE JUDGES OF THE COURT OF APPEALS:
COMES NOW, PAUL EDWARD CHARBONNEAU, Applicant and files
this his appeal from Cause Nos. 1216154D out of Criminal District Court No. 4,
Tarrant County, Texas.
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ARGUMENT
I. Applicant was convicted under §33.021(f) as opposed to §33.021(b).
Applicant would like to clarify the arguments contained in his original
memorandum of law previously submitted to this Honorable Court. The original
brief discussed the fact that §33.021(b) has been declared unconstitutional.
Applicant was actually indicted for and convicted under §33.021(f) as
opposed to §33.021(b). Applicant should still be entitled to relief from this
conviction because the text of §33.021(f) directly references §33.021(b) as a pre
requisite to obtain a conviction for §33.021(f). Subsection (f) reads as follows:
“An offense under Subsection (b) is a felony of the third degree, except that
the offense is a felony of the second degree if the minor is younger than 14 years of
age or is an individual whom the actor believes to be younger than 14 years of age
at the time of the commission of the offense.”
Therefore §33.021(f) should be held to be unconstitutional on its face in
accordance with Ex Parte Lo, 424 S.W.3d 10 (Tex.Crim.App. 2013) and Ex Parte
Chance, No. WR-81,136-01 (Tex.Crim.App. May 7, 2014).
CONCLUSION AND PRAYER
WHEREFORE, PREMISES CONSIDERED, Applicant PAUL EDWARD
CHARBONNEAU prays this Honorable Court to set this matter for hearing and after
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a full review to remand the cause for the trial court so that this case may be disposed
of in accordance with this Court’s holdings in Ex Parte Lo, for a termination of his
requirement to register as a sex offender, and for other such relief to which the
Applicant may show himself justly entitled.
Respectfully submitted,
/s/ Blake Burns
BLAKE R. BURNS
State Bar No. 24066989
115 North Henderson Street
Fort Worth, Texas 76102
(817) 870-1544 telephone
(817) 870-1589 facsimile
bburnslaw@gmail.com
CERTIFICATE OF COMPLIANCE
I, Blake Burns, attorney for Applicant, hereby certify there are 635 words
in this document.
/s/ Blake Burns
BLAKE R. BURNS
State Bar No. 24066989
115 North Henderson Street
Fort Worth, Texas 76102
(817) 870-1544 telephone
(817) 870-1589 facsimile
bburnslaw@gmail.com
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has
been delivered or caused to be delivered to:
CHARLES “CHUCK” MALLIN
APPELLATE DIVISION
TARRANT COUNTY DISTRICT ATTORNEY
Tarrant County Justice Center
401 W. Belknap
Fort Worth, Texas 76196
PAUL EDWARD CHARBONNEAU
APPLICANT
13900 Sparrow Hill Dr.
Little Elm, Texas75068
on this the 6th day of April, 2015.
/s/ Blake Burns
BLAKE R. BURNS
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APPENDIX
Applicant’s Exhibit 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indictment
Applicant’s Exhibit 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judgment and Sentence
Applicant’s Exhibit 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parole Certificate
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