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Tu v. State

If the indictment alleges the theft was pursuant to one scheme and continuing course of conduct as in this case, the word "aggregate" or "aggregation" is not required.

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AFFIRMED AND OPINION FILED AUGUST 9, 2001.

OPINION

A Harris County jury found appellant, Tan Kien Tu, guilty of engaging in organized criminal activity and assessed his punishment at 99 years’ imprisonment and a $10,000 fine. See TEX. PEN. CODE ANN. � 71.02 (Vernon 1994 & Supp. 2000). The indictment alleged that Tu, with the intent to establish, maintain, and participate in a criminal combination or the profits of a criminal combination, committed the offense of theft of more than $200,000 from five specified insurance companies, over a period of approximately fifteen months, pursuant to a single scheme or continuing course of conduct. After the trial court denied a pretrial motion for severance, Tu’s case was consolidated with co-defendants Thomas Henry Gomoets, Randy Jarnigan, Alfonso Gonzalez, and Leighann Phan.*fn1 In seven points of error, Tu argues that: (1) the conviction should be reversed because parts of the appellate record are missing; (2) the evidence is legally insufficient to support the verdict; (3) the trial court erred in denying his motion to quash the indictment; (4) the trial court erred in denying a severance; (5) the trial court erred in limiting cross-examination of Oscar Phu; (6) the trial court erred in prohibiting impeachment of Mong “Angie” Nguyen, an out-of-court declarant; and (7) Tu adopts points of error presented by other appealing defendants. We affirm.

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