Thank you for clarifying all this.Charles L. Cotton wrote: ↑Thu Dec 19, 2019 12:56 pm I just read the article and the quote from Ch. 6's "legal expert." Her statement, while correct in very limited circumstances, is totally false as it applies to this particular case. "Legislative intent" is applicable only when 1) a statute is ambiguous; or 2) when two statutes are in conflict and they cannot be reconciled. Neither of those situations apply in this case.
The law could not be more clear; TPC §46.02 does not apply to LTCs. Thus, the Criminal Street Gang (TPC Chp. 71) provision of TPC §46.02(a-1)(2)(C) does not apply to the defendant in this case. The prosecutor was wrong to try to exclude this evidence and the judge was wrong to grant the request. Both should be disbarred. Unnecessarily and vexatiously increasing defense costs to a defendant must not be tolerated.
Chas.
Just because you don’t like someone, don’t like what he does or don’t like his organization, doesn’t mean the law shouldn’t be followed.
It’s just like TV last night.