Hart v. State

OPINION

in which KELLER, P.J., and MEYERS, JOHNSON, HERVEY, and COCHRAN, J.J., joined.

The appellant was convicted of engaging in organized criminal activity. Tex. Penal Code § 71.02(a)(1). The jury assessed a punishment of nine years’ confinement in the Texas Department of Criminal Justice Institutional Division and a fine of $1,000.

On direct appeal, the appellant claimed that the evidence was legally insufficient to show that he intended to establish, maintain, or participate in the criminal combination. The Court of Appeals reversed the conviction and rendered a judgment of acquittal. Hart…