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Isassi v. State

On evidence that appellant, then the Kleberg County attorney, made some phone calls in an unsuccessful attempt to cut short a criminal prosecution of his aunt, the jury convicted him of two counts of the misdemeanor offense of "improper influence" under Texas Penal Code �36.04(a). The Corpus Christi Court of Appeals held that the evidence was legally insufficient to show he made the calls "with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law," as required by the statute. Because the jury reasonably and rationally concluded, beyond a reasonable doubt, that appellant had the intent to improperly influence the outcome of his aunt's criminal case on a basis not authorized by law, the judgment of the court of appeals is reversed. Texas Court of Criminal Appeals, No. PD-1347-09, 10-07-2010

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Cochran, J., delivered the opinion of the Court in which Womack, Johnson, Keasler and Hervey, JJ., joined. Keller, P.J., filed a dissenting opinion in which Price and Holcomb, JJ., joined. Meyers, J., did not participate.

OPINION

On evidence that appellant-the then Kleberg County Attorney-made some phone calls in an unsuccessful attempt to cut short a criminal prosecution of his aunt, the jury convicted him of two counts of the rarely charged misdemeanor offense of “improper influence.”*fn1 The Corpus Christi Court of Appeals held that the evidence was legally insufficient to show he made the calls “with an intent to influence the outcome of the proceeding on the basis of considerations other than those authorized by law,” as required by the statute.*fn2 We granted review*fn3 and will reverse.

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