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Texas Department of Public Safety, Appellant v. Josue Garcia

The Texas Department of Public Safety appeals from a district court order in favor of Josue Garcia reversing the department's determination that Garcia was required to register as a sex offender for life pursuant to the Texas Sex Offender Registration Act (SORA). In two issues, the department complains that the district court erred 1. in determining that the Oregon statute under which Garcia was convicted is not substantially similar to a SORA offense; and 2. in considering the individual facts and circumstances of Garcia's conviction in its determination. Both of the department's issues are overruled. The district court's order is affirmed. Austin Court of Appeals, No. 03-09-00394-CV, Dec. 7, 2010

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O P I N I O N

Appellant Texas Department of Public Safety appeals from a district court order in favor of Josue Garcia reversing the Department’s determination that Garcia was required to register as a sex offender for life pursuant to the Texas Sex Offender Registration Act (SORA). See generally Tex. Code Crim. Proc. Ann. arts. 62.001-.408 (West 2006 & West Supp. 2010). In two issues, the Department complains that the district court erred (i) in determining that the Oregon statute under which Garcia was convicted is not substantially similar to a SORA offense and (ii) in considering the individual facts and circumstances of Garcia’s conviction in its determination. For the reasons that follow, we affirm the district court’s order.

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