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Carlson v. State

Texas Penal Code '71.02(a) requires proof of two different mens rea -- that of the accused and that of the group -- a dual intent requirement.

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This is an out-of-time appeal ordered by the Court of Criminal Appeals on a post-conviction writ of habeas corpus. Ex parte Carlson, No. 74,056 (Tex. Crim. App. Mar. 28, 2001) (not designated for publication). *fn2

Appellant’s convictions for attempted murder and engaging in organized criminal activity were affirmed on appeal by this Court. Carlson v. State, 940 S.W.2d 776 (Tex. App.-Austin 1997, pet. ref’d). These convictions were based on different counts in the same indictment and separate judgments and sentences were entered under the same trial court cause number.

The record reflects that the jury assessed punishment for the attempted murder offense at twenty years’ imprisonment, and for engaging in organized criminal activity the punishment was fixed by the jury at ninety-nine years’ imprisonment.

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