Otto v. State

WOMACK, J.,

filed an opinion,

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

The appellants were convicted of organized criminal activity 1 for planning the aggravated kidnapping 2 of two victims, Joe and Margaret Ann Rowe. On appeal, the appellants challenged the validity of them conviction for organized criminal activity indictment. The State replied that the law of parties 3 applies to this element, so that the appellants may be held liable for organized criminal activity by encouraging or soliciting another party to the offense to commit the overt…