Two boys, ages 17, are charged with sexual assault of a 14 year old girl. They gave her pot and liquor until she basically passed out and then both raped her. Is this the type of situation that uses the aggravated for "acting in concert" (Man, oh man, I hope so) and if so, is it the getting her drunk that is the means of acting in concert or the sex acts?

I tried a very similar case a couple of years ago up in Lamesa. The defendant was indicted a count of aggravated sexual assault and a count of engaging in organized criminal activity. The jury found him guilty of both and gave him 30 years. The conviction for aggravated sexual assault stuck on appeal but the engaging count was reversed. The case is Arredondo v. State, 270 S.W.3d 676 (Tex.App.--Eastland 2008).

When I wrote the appeal, there really wasn't any Texas authority on "in concert." In my brief, I discussed a lot of cases from other states that use that language. Let me know if you are interested in any of that material. However, the Eastland case went with a "plain language" interpretation and discussed several dictionary definitions.