I have a case where the Defense is filing a motion to quash because there was only one act. While the Defendant does mention two other parties, there is no other act and I am not aware of any requirement of such.
Has anyone heard of this defense?
I'm certainly no expert, but I have recently read these two cases, which may help you: Nguyen v. State, 1 S.W.3d 694 (Tex.Crim.App. 1999), and Hart v. State, 89 S.W.3d 61 (Tex.Crim.App. 2002). They discuss the ability to prosecute for organized criminal activity when the combination only carried off on, or part of one, offense.
From your post, I have inferred that your defense attorney wants to attack the evidence pretrial. If so, your judge would be committing error by considering such at a motion to quash.
A motion to quash only determines if the pleading is sufficient.
An example to review would be State v. Meadows, 170 S.W.3d 617 (Tex.App. El Paso 2005).
Hope this helps.
THANKS ALL! I am passing this on to my attorney.....
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