Delbert Pendley Jr

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Charge:	Failure to report or register as a sex offender
Sentence:	12 years
Years Imprisoned:	9
Year Crime:	2005
Year Convicted:
Year Cleared:	2014
U.S. State or Country of Crime:	Texas
County or Region of Crime:	Wichita
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Delbert Pendley Jr. was wrongly convicted of failing to register as a sex offender in Wichita County, Texas in February 2005. Pendley pled guilty and was sentenced to 12 years in prison. Pendley later discovered that he was not required to register. Pendley filed a writ of habeas corpus petition to withdraw his guilty plea on the basis he was actually innocent of the charge in his indictment because he had no legal obligation to register as a sex offender. On April 2, 2014 the Texas Court of Criminal Appeals granted Pendley's writ. The Court's ruling stated: "Applicant was convicted of sexual assault in Nebraska in 1986. He discharged that Nebraska sentence while still in Nebraska in 2002. In 1997, the sex offender registration statutes were revised to require all defendants still under state supervision having reportable convictions occurring on or after September 1, 1970 to register. However, if the offender was not in a Texas penal institution or under the supervision of TDCJ as a result of his sex offense as of September 1, 1997, then the offender would be covered by the version of the Texas Sex Offender Registration Act (SORA) in effect in 1995, under the uncodified savings clause. Ex parte Harbin, 297 S.W.3d 283, 287 (Tex. Crim. App. 2009). Even though Applicant was in custody in Nebraska, he was not incarcerated in Texas for anything other than the failure to register convictions from September 1, 1997 to September 1, 2005. He was therefore covered by the savings clause in February 2005 and had no duty to register under the applicable law and is entitled to relief. Relief is granted. The judgment in count two of Cause No. 46,171-C in the 89th Judicial District Court of Wichita County is set aside." ("
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Sex:	Male
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Information Source 1:	"Ex Parte Delbert Pendley Jr., No. WR-79,500-02 (TX Ct. of Crim. Appeals, 4-2-2014) (Granting writ of habeas corpus based on actual innocence.)"
Information Location 1:	http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=f34fec38-f117-47af-a904-8a2559e6cee9&coa=coscca&DT=OPINION&MediaID=aa57247c-3564-4709-8587-a5e1460e8801
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Delbert Pendley Jr

Charge:

Failure to report or register as a sex offender

Sentence:

12 years

Years Imprisoned:

9

Year Crime:

2005

Year Convicted:

Year Cleared:

2014

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Wichita

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Ex Parte Delbert Pendley Jr., No. WR-79,500-02 (TX Ct. of Crim. Appeals, 4-2-2014) (Granting writ of habeas corpus based on actual innocence.)"

Information Location 1:

http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=f34fec38-f117-47af-a904-8a2559e6cee9&coa=coscca&DT=OPINION&MediaID=aa57247c-3564-4709-8587-a5e1460e8801

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