I. Introduction Sam Mara and two other co-defendants attempted to rob a store. Mara was arrested for engaging in organized activity by conspiracy to commit robbery. In order to be guilty of the crime, one must participate in a combination and performing an overt act. The court will find that Mara did not participate in a combination, but that he did perform an overt act. II. Question Presented Will the court conclude that Mara participated in a combination when he met with his co-defendants after the attempted robbery and that he did performed an overt act when he provided encouragement and a blueprint during the planning of the offense? III. Brief …show more content…
However, there is evidence to support Mara performing an overt act. In order to establish engaging in an organized crime of robbery, one must participate in combination and perform an overt act. If a person commits an offense with the intent to establish, maintain, or participate in a combination or conspires to commit one or more, or profits of a combination, or as a member of a criminal street gang; and . . . (2) the person commits or conspires to commit an offense. To be convicted under the conspiring to commit the evidence must (i) the defendant with one or more persons that one or more of them engaging in a crime. (ii) the defendant, and (iii) one or more of them perform an overt act in the pursuance of the agreement. Barrera v. State, 321 S.W.3d 137, 152 (Tex. App. 2010). The court will also evaluate if an one have performed an overt act. If one encourages, solicit, directs, aids, or attempt to aids the offense then an overt act been has performed. Id at 154. This memorandum will discuss participating in a combination and performing an overt …show more content…
One must have intent to maintain or participate in a group of three people or more to continue to engage in additional criminal acts after the first offense has been committed then one is of participating in a combination. A combination is defined as three or more people who collaborate in carrying on criminal activities Dowdle v. State, 11 S.W.3d 233, 235- 236 (Tex. Crim. App. 2000). When one does not have intent to engage in continuous course of criminal activity with other suspects beyond the completion of a single criminal then one has not participated in a combination Lashley v. State, 401 S.W.3d 738, 744 (Tex. App