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Bogany v. State

Not requiring juror unanimity with regard to the overt act performed by appellant did not render the jury charge erroneous.

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OPINION ON REMAND FROM THE COURT OF CRIMINAL APPEALS

Appellant, Michael Lee Bogany, was convicted by a jury of engaging in organized criminal activity. After making an affirmative finding that a deadly weapon was used in the commission of the offense, the jury assessed punishment at 27 years in prison. In a February 10, 2000 opinion, we held that appellant waived any error resulting from the jury charge because he not only failed to object, but also affirmatively stated he had no further objection to the jury charge. See Bogany v. State, 36 S.W.3d 527 (Tex. App.–Houston [1st Dist.] 2000), vacated, No. 620-00 (Tex. Crim. App. Sept. 27, 2000) (not designated for publication). The Court of Criminal Appeals vacated that judgment and remanded the case for further consideration using the Almanza standard. See Bogany v. State, No. 620-00, slip op. at 3 (Tex. Crim. App. Sept. 27, 2000) (not designated for publication). We are to address whether the jury charge was erroneous and, if so, whether appellant suffered egregious harm. We affirm.

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