Fee v. State

Because the majority misconstrues what has happened in this case, I must dissent.

Appellant was convicted of engaging in organized criminal activity and sentenced to fifty years’ incarceration. On appeal, the San Antonio Court of Appeals reformed the judgment to correctly reflect that the sentence was enhanced, and affirmed. Fee v. State, 722 S.W.2d 234 (Tex.App.—San Antonio 1986). We granted appellant’s petition for discretionary review in order to examine the Court of Appeals’ holding that the evidence was sufficient to support appellant’s conviction.

The indictment alleged that

“... on or…