O’Brien v. Texas

Appellant Kelvin O’Brien was tried on one count of engaging in organized criminal activity. That count alleged that Appellant, with the intent to establish, maintain, or participate in a combination or in the profits of a combination, committed second degree theft or second degree money laundering. The theory was that Appellant was part of a criminal ring that committed multiple jewelry store heists. The Texas Court of Criminal Appeals found that in order to convict someone of “engaging,” the jury does not have to unanimously agree on the specific predicate crime committed by the defendant. “[T]he commission of each predicate crime constitutes a different manner and means of committing the single offense of engaging in organized criminal activity. We affirm the court of appeals’ holding that the trial court did not err in instructing the jury in the disjunctive regarding the predicate offenses in this case.” View "O'Brien v. Texas" on Justia Law