Post Conviction Results
Exonerated of failure to register after records proved the duty had already expired (Taylor County)
Summary
On April 19, 2023, the Texas Court of Criminal Appeals granted our client’s Article 11.07 writ on actual innocence and involuntary plea grounds. He had pleaded guilty in 2017 to failing to register as a sex offender and was sentenced to 15 years. Corrected state records later showed his duty to register had expired long before his 2016 arrest. The case was dismissed, and he received compensation under the Tim Cole Act.
Case at a glance
| Field | Detail |
|---|---|
| Original conviction | Failure to register as a sex offender, third-degree felony enhanced by prior convictions (guilty plea, 2017) |
| Sentence | 15 years in TDCJ; released on parole in 2021 |
| County / court | Taylor County |
| Legal issue | Actual innocence and involuntary plea; registration paperwork errors |
| Remedy | Article 11.07 writ of habeas corpus |
| Outcome | Conviction vacated; case dismissed June 5, 2023; compensated under the Tim Cole Act |
| Decided | Writ filed Dec. 2022; trial court recommended relief Jan. 2023; CCA granted Apr. 19, 2023 |
| Court opinion | CCA wr-94-542-01 |
The story
Our client was arrested in 2016 and charged with failing to register. Everyone involved believed he was still required to register. He pleaded guilty and was sentenced to 15 years, a term enhanced by prior convictions.
When we reviewed his records from the Texas Department of Criminal Justice and the Department of Public Safety, the dates did not add up. Earlier paperwork errors had extended his registration period on paper. His actual duty to register had expired years before his arrest. DPS corrected its records in 2022.
The strategy and timeline
You cannot be guilty of failing to do something the law no longer required. That was our actual innocence claim. We also argued the plea was involuntary, because it rested on facts that everyone in the courtroom, his counsel, the state, the judge in the case had wrong.
If you’re in a similar situation
Registration cases often turn on dates: when the duty began, how long it lasts, and whether the paperwork was right. Errors in DPS or TDCJ records happen. They can be the difference between a lawful status and a felony conviction.
If you or a family member was convicted of failure to register and the dates seem wrong, our advice is that you have the records checked. A finding of actual innocence can also open the door to state compensation for years of wrongful imprisonment. In this case compensation was in hundreds of thousands of dollars, just over $450,000.
Verification
- National Registry of Exonerations: Allen Johnson. The registry names Jacob Blizzard and Sarah Durham as counsel and quotes the Court of Criminal Appeals’ order.
- Court order: [confirm] the WR number on the CCA’s search page and link the opinion.
Disclaimer
Prior results do not guarantee a similar outcome. Every case depends on its own facts and law. This page describes a past matter handled by Blizzard & Zimmerman Attorneys and is not legal advice.