Fee v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

CLINTON, Judge.

Appellant was convicted of the offense of engaging in organized criminal activity. V.T.C.A. Penal Code, § 71.02. Punishment was assessed at fifty years confinement in the penitentiary. The Fourth Court of Appeals reformed the judgment to reflect that the sentence was enhanced, and affirmed the conviction. Fee v. State, 722 S.W.2d 234 (Tex.App.—San Antonio, 1986).

I

The indictment in this cause alleged that appellant and six others “did ... conspire to commit and agree to commit and did commit Theft over $20,000.00,” and that…