Lucario v. State

ON REMAND

JACK SMITH, Justice.

This appeal from a conviction of engaging in organized criminal activity, Tex.Penal Code sec. 71.02(a)(1) (Vernon Supp.1984) comes to us on remand from the Court of Criminal Appeals. We initially affirmed the trial court’s judgment sentencing appellant to 16 years confinement after the State abandoned two enhancement allegations and appellant pleaded guilty. Lucario v. State, 658 S.W.2d 835 (Tex.App.—Houston [1st Dist.] 1983).

In vacating this court’s judgment, the Court of Criminal Appeals held that the appellant’s claim that the organized crime proscriptions of…