Anderson v. State

Reaffirming the reasoning in my dissenting opinion in Beasley v. State, 902 S.W.2d 452 (Tex.Crim.App.1995) (Maloney, J., dissenting), I dissent. The evidence of gang membership in the instant case fails to meet the standard articulated in United States v. Lemon, 728 F.2d 922, 941 (D.C.Cir.1983), applied by this Court in Fuller v. State, 829 S.W.2d 191, 197-98 (Tex.Crim.App.1992). Evidence of group affiliation may not be admitted at punishment unless the evidence is sufficient to establish that the defendant is a member of the group, the group’s aims are illegal, and the defendant intended to…