OPINION Appellant Lorenzo Antonio Alfaro challenges the sufficiency of the evidence in support of the jury’s finding that he committed the offense of engaging in organized criminal activity. We modify the trial court’s judgment to show conviction for a lesser included offense, affirm the conviction as modified, reverse the imposition of sentence, and remand for a new punishment hearing. Background A man in Galveston, Texas named Edward Williams was under investigation for selling marijuana, and an undercover detective going by the name “Julio” was brought in to develop a relationship with Williams as part of the investigation. Julio told Williams that he wanted to purchase heroin. To facilitate the sale of heroin, Williams introduced Julio to Cameron Anonsen. Anonsen sold Julio approximately one-half gram of heroin. Julio told Anonsen he wanted to purchase more. Anonsen and Julio drove to Mallory Arbuckle’s home where she sold Anonsen “black tar heroin” while Julio waited outside. Julio accepted the heroin, but later told Anonsen that Julio and his business partner wanted a higher quality of heroin called “China white.” Julio testified that Anonsen then contacted “his next guy,” appellant. Anonsen operated as the “middle man” between Julio and appellant. Julio told Anonsen that he wanted to purchase six grams of heroin. Anonsen set up the transaction, and then Julio picked up Anonsen, and they drove to meet appellant. Anonsen met appellant in an alley behind a building where Julio observed appellant hand Anonsen a baggy in exchange for money. Appellant did not have the agreed upon six grams of heroin, but delivered just over two grams of product. Julio and Anonsen then drove to a Texaco gas station, to wait for appellant “to re-up and buy the rest he promised.” While they were waiting, Anonsen injected some of the drugs. Eventually, Julio said, “[L]et’s go and we will try to get with [appellant] later.” They stopped at a smoke shop, bought a scale, and then went to Anonsen’s house where they weighed the remaining product and split it up.[1]
