OTTO v. STATE OF TEXAS, 1801-99, 1802-99
An organized criminal activity indictment was valid where the state alleged kidnapping as the overt act, appellants were the leaders of an organization, and their involvement in the planning, execution, and aftermath of the kidnapping was tantamount to encouraging, directing, aiding, or attempting to aid in the offense.
- Decided 01/15/2003
- Published 01/15/2003
WOMACK, J., filed an opinion, in which KELLER, P.J., MEYERS, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, J.J., joined., Before the court en banc.
Court of Criminal Appeals of Texas
Mike Barclay, Alpine, for appellant Robert“ White Eagle” Otto., Rod Ponton, Marfa, for appellant Richard Lance McLaren., Jeffrey L. Van Horn, First Assist. St. Att., Matthew Paul, State's Attorney, Austin, for state.