Wrongly Convicted Database Record

 

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Roger Dale Vandyke

 

Charge:

Sex offender treatment violation

Sentence:

25 years

Years Imprisoned:

4.42

Year Crime:

2013

Year Convicted:

2014

Year Cleared:

2017

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Montgomery

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"Roger Dale Vandyke was wrongly convicted on March 20, 2014 of failing to failing to comply with his Outpatient Sexually Violent Predator Treatment Program in Montgomery County, Texas. In January 2011 Roger Vandyke was determined by the trial court of being a sexually violent predator, and civilly committed in accordance with the Texas Health and Safety Code. Vandyke was discharged from the OSVPT program on March 21, 2013, and he was indicted by a grand jury in June 2013 for violating Health and Safety Code § 841.082(a)(4) which governed his treatment program. Vandyke filed a pretrial writ of habeas corpus and motion to quash and dismiss his indictment on the basis the Health and Safety Code underlying his indictment were unconstitutional. The trial judge denied his writ and motion. Vandyke pled guilty while reserving the right to appeal the denial of his writ and motion to dismiss. Vandyke was sentenced to 25 years in prison. Vandyke filed a direct appeal of his conviction on March 17, 2015. In 2015 the Texas Legislature passed Senate Bill 746, a bill that amended several provisions of the Civil Commitment of Sexually Violent Predators Act, and amendments removed a provision that had made it a criminal offense for a sexually violent predator who had been civilly committed to fail to comply with the terms of his sex offender treatment. SB 746 included a saving clause that the legislation applied to anyone whose direct appeal for a conviction of violating his civil commitment was pending at the time the legislation became effective upon being signed by Texas Governor Abbott. After SB 746 became effective Vandyke filed a supplemental brief that his conviction should be reversed because his direct appeal was pending and thus his conviction wasn't final at the time SB 746 became effective. The State agreed, but argued SB 746 was unconstitutional because by making its provisions apply to person's convicted but whose convictions weren't final it usurped the governor's power to grant clemency. The Texas Court of Appeals agreed. The Texas Court of Criminal Appeals accepted discretionary review of Vandyke's case, and on December 20, 2017 the Court reversed and vacated Vandyke's conviction. The Court's ruling stated: "The Legislature does not violate separation of powers when it validly exercises its power to repeal criminal laws and does so without granting clemency power to the courts. In the present case, the Legislature has done just that. Both our Legislature and our governor have decided that a sexually violent predator’s failure to comply with his sex offender treatment program as part of his civil commitment should be resolved through the civil commitment program rather than give rise to a new criminal conviction. The Legislature was within its power to make this difficult legislative change and apply that change to defendants whose criminal cases were pending on appeal at the time the amendment became effective. We defer to the statute crafted by our Legislature and signed by our governor because this legislative act did not violate the Separation of Powers Clause in the Texas Constitution. Accordingly, we vacate Appellant’s judgment of conviction." [Roger Dale Vandyke v. The State of Texas, No. PD-0283-16 (Tex. Court of Criminal Appeals 12-20-2017)]"

Conviction Caused By:

Innocence Proved By:

"The Texas Court of Criminal Appeals accepted discretionary review of Vandyke's case, and on December 20, 2017 the Court reversed and vacated Vandyke's conviction. The Court's ruling stated: "The Legislature does not violate separation of powers when it validly exercises its power to repeal criminal laws and does so without granting clemency power to the courts. In the present case, the Legislature has done just that. Both our Legislature and our governor have decided that a sexually violent predator’s failure to comply with his sex offender treatment program as part of his civil commitment should be resolved through the civil commitment program rather than give rise to a new criminal conviction. The Legislature was within its power to make this difficult legislative change and apply that change to defendants whose criminal cases were pending on appeal at the time the amendment became effective. We defer to the statute crafted by our Legislature and signed by our governor because this legislative act did not violate the Separation of Powers Clause in the Texas Constitution. Accordingly, we vacate Appellant’s judgment of conviction." [Roger Dale Vandyke v. The State of Texas, No. PD-0283-16 (Tex. Court of Criminal Appeals 12-20-2017)]"

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Roger Dale Vandyke v. The State of Texas, No. PD-0283-16 (Tex. Court of Criminal Appeals 12-20-2017) (Granting Vandyke's direct appeal.)"

Information Location 1:

http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=0bf38cfb-ec14-49a0-bcbc-9c32f09a5dde&coa=coscca&DT=OPINION&MediaID=a9da7a10-e522-4ea4-9b3d-5feba1dd5396

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