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Batts v. State

Under Texas Penal Code ��71.02(a)(8), 32.32(b), the defendant commits the offense of engaging in organized criminal activity if, intending to establish, maintain or participate in a combination or in the profits of a combination, he commits or conspires to commit the felony offense of making a materially false or misleading written statement to obtain credit, including a mortgage loan. Based on the foregoing testimonial and documentary evidence, the evidence was legally and factually sufficient to sustain the verdict. Houston 14th Court of Appeals, No. 14-07-00865-CR, 11-17-2009

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Affirmed and Opinion filed November 17, 2009.

OPINION

Appellant, Fredrick Jordan Batts, was charged with the first degree felony of engaging in organized criminal activity with an underlying offense of making a false statement to obtain credit.*fn1 Appellant, along with seven other co-defendants, was accused of participating in a mortgage fraud scheme that illegally appropriated approximately $2,234,485.00 from WMC Mortgage Company (“WMC”), a lending institution. After a jury trial, appellant was found guilty, and he was sentenced to 25 years in prison. On appeal, he raises four issues, contending that: (1) the evidence is legally and factually insufficient to support the underlying felony of making a false statement to obtain credit; (2) the trial court erred in failing to instruct the jury that four State witnesses were accomplices as a matter of law; and (3) the State failed to sufficiently corroborate a co-defendant’s accomplice testimony. We affirm.

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