Charles Newman Smith, Jr. v. State

OPINION

David Puryear, Justice

Charles Newman Smith, Jr., was charged with engaging in organized criminal activity by conspiring with several people to commit the offense of “unlawful delivery, dispensation, or distribution of a controlled substance, namely: four grams or more but less than 200 grams of Methamphetamine.” See Tex. Penal Code § 71.02(a)(5) (setting out elements of offense of engaging in organized criminal activity); Tex. Health & Safety Code § 481.112(a), (d) (governing offense of delivery of controlled substance and providing that offense is first-degree felony if amount of…