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Baxter v. State

A criminal conviction should not be overturned for non-constitutional error if the appellate court, after examining the record as a whole, has fair assurance that the error did not influence the jury, or had but slight effect.

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Appellant Larry Dale Baxter was convicted, in a jury trial, of the offenses of engaging in organized criminal activity and of gambling promotion. See Tex. Pen. Code Ann. �� 71.02(a)(2) (West Supp. 2002), 47.03(a)(1) (West 1994). The trial court assessed appellant’s punishment for engaging in organized criminal activity at confinement in a state jail facility for a period of two years and a fine of $500; imposition of sentence was suspended and appellant was granted community supervision for two years and ordered to pay his fine and costs. The trial court assessed appellant’s punishment for gambling promotion at confinement in the county jail for a period of one year and a fine of $500; imposition of sentence was suspended and appellant was granted community supervision for one year and ordered to pay his fine and costs.

Appellant asserts that the evidence is insufficient to support the jury’s verdicts and that the trial court erred in admitting inadmissible evidence, in excluding admissible evidence, in improperly curtailing jury voir dire, in charging the jury, and in refusing to allow a sitting juror to be interrogated. The judgments will be affirmed.

Sufficiency of Evidence

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