Nguyen v. State

The appellant was convicted of murder, Penal Code section 19.02(b), and engaging in organized criminal activity, Penal Code section 71.02. He appealed, and the Third Court of Appeals affirmed the murder conviction but ordered an acquittal as to the organized crime conviction. Nguyen v. State, 977 S.W.2d 450 (Tex.App.—Austin 1998).

We granted discretionary review to resolve two issues in the definition of the offense of engaging in organized criminal activity.

A person commits the offense of engaging in organized criminal activity “if, with the intent to establish, maintain, or participate in a…