Walmer is distinguishable from the present case, as there was no claim in that case of a material variance between the indictment and the evidence presented at trial. The failure to do so is an offense. The Texas Court of Criminal Appeals has indicated that a variance analysis is unnecessary, in certain instances such as this one, where the pleading alleges one alternative method of committing an offense, but the proof is of an unpled method. Thus, Thomas incorrectly contends that he was charged with one offense and tried for another. Here, the State was not required at the indictment stage to plead a narrowed method in which the duty to report a change of address could be violated. You must all agree on elements 1, 2, 3, and 4 listed above. Thomas thus complains the indictment sets out one offense and the evidence at trial attempts to prove another offense.
You must all agree on elements 1, 2, 3, and 4 listed above. The court determined that there was no evidence that Green intentionally, knowingly, or recklessly failed to comply with his reporting requirements. Under the indictment, Green was charged with failing to notify local law enforcement of a change in address seven days before the intended change. There, Johnson was charged with having committed aggravated assault by intentionally or knowingly causing serious bodily injury by hitting the victim with his hand or by twisting her arm with his hand. Here, Thomas was immediately banned from his registered address. In Johnson, the variance was of the second type, a non-statutory allegation. The testimony at trial showed that law enforcement and the prosecuting attorney both believed that a registered sex offender must give at least seven days advance notice before any change in address. Thomas testified that he lied on two occasions when he was arrested on April 3 and June 13 by indicating that he lived on Houston Street. Accordingly, the State was required to prove, beyond a reasonable doubt, that Thomas violated his reporting requirements by failing to notify the authorities of his anticipated move date and new address seven days in advance of his intended change. The offender may be barred from his current residence without warning or someone else may move the offender's property out of the residence and to another address without the offender's knowledge. Hunt was unaware of when Green found out she had moved their belongings from the Highland Avenue address. The essential elements of this offense are to be determined by the hypothetically correct jury charge. The Texas Court of Criminal Appeals has indicated that a variance analysis is unnecessary, in certain instances such as this one, where the pleading alleges one alternative method of committing an offense, but the proof is of an unpled method. Methvin, Longview, Texas This Article provides,If a person required to register under this chapter intends to change address, regardless of whether the person intends to move to another state, the person shall, not later than the seventh day before the intended change, report in person to the local law enforcement authority designated as the person's primary registration authority by the department and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person and provide the authority and the officer with the person's anticipated move date and new address. Here, the State was not required at the indictment stage to plead a narrowed method in which the duty to report a change of address could be violated. The State apparently had not limited itself to only one manner or means of violating the registration requirement as occurred here. Green challenged his conviction, claiming the evidence was insufficient to prove he intended to move. Tim Cone, for Clister Ray Thomas. In that case, Geick was indicted for theft of a bulldozer by deception. He was unable to change his registration because the owner of the Houston Street property refused to provide a written statement indicating he resided there. The statute simply describes alternate methods by which an offense can be committed. Thomas had previously been convicted of aggravated sexual assault in Gregg County in and was sentenced to fifteen years' imprisonment for that offense. The State acknowledges that it was required to prove Thomas failed to give seven days' advance notice of an intended move. Under the indictment, Thomas was only charged with failing to comply with this specific requirement.
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