Ronald Wayne Stivers, Jr. v. the State of Texas

Summary

The Sixth Court of Appeals of Texas affirmed Ronald Wayne Stivers, Jr.'s conviction for failure to register as a sex offender. The court held that the trial court properly admitted Stivers's prior Illinois conviction under Texas Rules of Evidence 404(b) and 403 to prove knowledge of his duty to register. The court modified the judgment to correctly identify Article 62.102 of the Texas Code of Criminal Procedure as the statute of offense and affirmed as modified.

Holdings

1. The prior Illinois failure-to-register conviction was admissible for a non-character purpose because it was relevant to prove Stivers's knowledge of his duty to register in Upshur County.
2. The trial court did not abuse its discretion by determining that the prior conviction's probative value was not substantially outweighed by the danger of unfair prejudice or the other Rule 403 concerns.
3. The appellate court had authority to modify the judgment to correct the statute of offense from the Penal Code to the Code of Criminal Procedure.

Questions Presented

1. Whether the trial court abused its discretion by admitting Stivers's prior Illinois conviction for failure to register as a sex offender under Texas Rule of Evidence 404(b) to prove knowledge of the duty to register.
2. Whether the prior conviction's probative value was substantially outweighed by the danger of unfair prejudice under Texas Rule of Evidence 403.
3. Whether the appellate court should modify the judgment sua sponte to correct the statute of offense.

Disposition

affirmed