State v. Barber

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

A jury convicted appellants of engaging in organized crime. The court assessed punishment at five years confinement. The Court of Appeals reversed appellants’ convictions on sufficiency grounds. Barber v. State, 668 S.W.2d 424 (Tex.App.—Texarkana 1984). We reversed that ruling and remanded the cause for consideration of appellants’ remaining points of error. The Court of Appeals subsequently reversed appellants’ convictions after concluding that the State failed to rebut the presumption of harm arising from an improper jury separation under…