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My AccountChapter 71
- 71.1 General Comments on Engaging in Organized Criminal Activity
- 71.2 Elements of Offense Committed “as a Member of a Criminal Street Gang”
- 71.3 Submission on Alternative Theories
- 71.4 Relationship of the Conspiracy and the “Combination”
- 71.5 Defining “Collaborate in Carrying on Criminal Activities”
- 71.6 “Parties” Law
- 71.7 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05
- 71.8 Quasi-Renunciation Defense and Punishment
- 71.9 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense as Member of Criminal Street Gang
- 71.10 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense as Member of Criminal Street Gang
- 71.11 Instruction—Engaging in Organized Criminal Activity—Either Committing or Conspiring to Commit Covered Offense as Member of Criminal Street Gang and Verdict Form
- 71.12 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense to Participate in Combination
- 71.13 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense to Participate in Combination
- 71.14 Instruction—Engaging in Organized Criminal Activity—Committing or Conspiring to Commit Covered Offense to Participate in Combination and Verdict Form
- 71.15 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05(a)
- 71.16 Instruction—Engaging in Organized Criminal Activity—Guilt-Innocence Renunciation Affirmative Defense
- 71.17 Punishment Mitigation—Quasi-Renunciation Issue under Texas Penal Code Sections 71.02(d) and 71.05(c)
- 71.18 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.02(d) Formulation)
- 71.19 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.05(c) Formulation)
- 71.20 Statutory History of Penal Code Section 71.023
- 71.21 Definition of “Conspires to Commit”
- 71.22 Instruction—Directing Activities of Criminal Street Gang
Comment
In Nava v. State, 379 S.W.3d 396, 421–22 (Tex. App.—Houston [14th Dist.] 2012), aff’d, 415 S.W.3d 289 (Tex. Crim. App. 2013) (review granted on other issues), the trial judge included in the instructions a definition of the term collaborate in carrying on criminal activities as it is used in Texas Penal Code section 71.01(a)’s definition of “combination.” The term was defined for the jury as “working together with a specified number of others in specified criminal activities.” Nava claimed error in giving this definition over the one sought by the defense, which would have defined the term as “to ‘work together in a continuing course of criminal activities.’ ”
Any definition, Nava concluded, should make clear that the required corroboration must involve an intention in at least one criminal activity other than the covered offense specified in the state’s claim. But it should not suggest the members of the claimed combination intended to indefinitely engage in criminal activities. The instruction actually given, the court commented, failed to adequately convey that the collaboration must be to engage in continuing criminal activity.
Nava also concluded that “‘collaborate in carrying on’ is not a phrase which has acquired a technical legal meaning that must be provided to the jury.” Nava, 379 S.W.3d at 421–22.
The Committee agreed with Nava that no definition is required. It further concluded any definition is more likely to confuse jurors than help them. Thus the Committee’s instructions contain no definition.