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 North Henderson Street Fort Worth, Texas 76102 (817) 870-1544 telephone (817) 870-1589 facsimile [email protected] 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.

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 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 North Henderson Street Fort Worth, Texas 76102 (817) 870-1544 telephone (817) 870-1589 facsimile [email protected]

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 North Henderson Street Fort Worth, Texas 76102 (817) 870-1544 telephone (817) 870-1589 facsimile [email protected] 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 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

APPENDIX Applicant’s Exhibit 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indictment Applicant’s Exhibit 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judgment and Sentence Applicant’s Exhibit 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parole Certificate