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 H ERVEY, 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 T EX. C ODE C RIM.

P ROC. art. 62.001(1), 62.003.

Hervey, J.

Filed: October 31, 2012 Publish