Wrongly Convicted Database Record

 

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Philip Alan Harbin

 

Charge:

Failure to report or register as a sex offender

Sentence:

10 yrs

Years Imprisoned:

9.1

Year Crime:

2000

Year Convicted:

2000

Year Cleared:

2009

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Denton

City of Crime:

Lewisville

Result:

Judicially Exonerated Released

Summary of Case:

"Philip Alan Harbin was wrongly convicted in 2000 of two counts of failing to register as a sex offender, first in Lewisville, Texas, and then in Plano, Texas. In 2000 Harbin moved to Texas from California where he had two convictions: in 1988 for lewd and lascivious acts with a child under the age of 14; and in 1994 for annoying and molesting a child. Harbin pled guilty to two second-dgree felony counts of failure to register under Texas' sex offender registration statute. He was given two concurrent 10 year prison sentences. In 2008, while still imprisoned, Harbin discovered that he had no duty to register as a sex offender in Texas in 2000 based on his California convictions that were both before September 1, 1995. Harbin filed a writ of habea corpus asserting he was actually innocent. On February 9, 2009 the Texas Court of Criminal Appeals ordered briefing on Harbin's claim. On September 16, 2009 the Court by an 8 to 1 majority granted Harbin's writ on the basis on the basis, "Applicant was not required to register for either of the offenses listed in the indictment at the time he was charged and convicted. Relief is granted. Applicant's convictions in 2000 for failure to register as a sex offender are vacated." Harbin was released from prison. Harbin filed a claim with the Texas State Comptroller for compensation under the state wrongful imprisonment statute. On October 14, 2010 the comptroller awarded Harbin lump sum compensation of $733,333.33 for his 9 years, 1 month, and 11 days of wrongful imprisonment. He was also awarded a lifetime monthly annuity payment of $3,815.89."

Conviction Caused By:

Innocence Proved By:

"On September 16, 2009 the Court by an 8 to 1 majority granted Harbin's writ on the basis on the basis, "Applicant was not required to register for either of the offenses listed in the indictment at the time he was charged and convicted. Relief is granted. Applicant's convictions in 2000 for failure to register as a sex offender are vacated." Harbin was released from prison."

Defendant Aided By:

Compensation Awarded:

"$733,333.33 plus monthly lifetime annuity payment of $3,815.89 (State of Texas, 10-14-2010)"

Was Perpetrator Identified?

Age When Imprisoned:

36

Age When Released:

45

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Ex parte Philip Alan Harbin, No. AP-76,092, AP-76,093 (Court of Criminal Appeals, 9-16-2009) (Granting writ of habeas corpus based on Harbin wasn't legally required to register as a sex offender.)"

Information Location 1:

http://caselaw.findlaw.com/tx-court-of-criminal-appeals/1481227.html

Information Source 2:

"Ex parte Philip Alan Harbin, No. AP-76,092, AP-76,093 (Court of Criminal Appeals, 2-4-2009) (Order that parties submit briefs about Harbin's claim he wasn't required to register as a sex offender.)"

Information Location 2:

"https://scholar.google.com/scholar_case?case=2706158820542500908&q=Philip+Alan+Harbin&hl=en&as_sdt=6,48"

Information Source 3:

"Wrongful Convictions Have Cost Texans More Than $93 Million, By Johnathan Silver and Lindsay Carbonell, The Texas Tribune, June 24, 2016"

Information Location 3:

https://www.texastribune.org/2016/06/24/wrongful-convictions-cost-texans-over-93-million/

Information Source 4:

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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