In the defendant's trial for failure to register as a sex offender, he was required to register when his sexual assault sentence had discharged before the September 1, 1997, effective date of the relevant amendment to the registration statute. In determining whether a defendant must register as a sex offender, revocation of mandatory supervision for sentences that were stacked under the old statute places the releasee in the same position he was in when he was released. The defendant's sentence had not yet discharged when he was released, so it remained undischarged when his mandatory supervision was revoked. He was in custody on the sexual assault offense on the effective date of the statute requiring sex-offender registration.

Ex parte Arce No. AP-76,098