Aaron Lashley v. State, 401 S.W.3d 738

Lashley was convicted of engaging in organized criminal activity, enhanced by a prior felony, and sentenced to 3.5 years in prison.
Appellant challenged the legal sufficiency of the evidence supporting the organized-criminal-activity conviction.
Police responded to a call about three trespassers entering an abandoned apartment complex with a blue bag; copper piping theft was alleged.
A blue bag with copper and tools was found in a car trunk; Dwigans initially implicated all three, but later testified otherwise.
The State argued multiple crimes on the property supported continuity; the defense argued the acts occurred during a single episode.
The court held the evidence failed to prove a continuing course of criminal activity and reversed the organized-criminal-activity conviction, but upheld a lesser included offense.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there legally sufficient evidence of continuity for organized activity?	Lashley contends multiple acts show a continuing group activity.	Lashley contends acts were a single episode lacking continuity.	Yes; insufficient to prove a continuing course of criminal activity.
Is theft a proper lesser included offense and should judgment be reformed accordingly?	The State argues theft under $20,000 is a lesser included offense.	Lashley argues no adequate lesser offense was charged or proven.	Yes; judgment reformed to theft of copper under $20,000; remanded for punishment.

Nguyen v. State, 1 S.W.3d 694 (Tex. Crim. App. 1999) (continuity required for organized-criminal-activity charge)
Hart v. State, 89 S.W.3d 61 (Tex. Crim. App. 2002) (continuity vs. single-episode analysis)
Munoz v. State, 29 S.W.3d 205 (Tex. App.—Amarillo 2000) (multiple crimes alone insufficient for continuity)
Arredondo v. State, 270 S.W.3d 676 (Tex. App.—Eastland 2008) (evidence of intent to continue required)
Davis v. State, 89 S.W.3d 725 (Tex. App.—Corpus Christi 2002) (reformation of judgment for lesser included offense)