Court of Criminal Appeals of Texas

A sentence of death for organized criminal activity is vacated where: 1) although the trial court did not err to instruct the jury that it could convict the appellant for both the offense of capital murder and the separate offense of engaging in organized criminal activity by committing capital murder as a member of a criminal street gang and that it could punish the defendant for both; and 2) it erred in sentencing him to death for the latter.

Appellate Information

• Decided 01/31/2007
• Published 01/31/2007

Judges

Court

• Court of Criminal Appeals of Texas

Counsel