Has anyone prosecuted cases in which they sought an affrirmative finding pursuant to TCCP 42.041? I am interested to know what type of evidence is typically used by other Texas prosecutors to establish the defendant's bias if he does not give it to you on a silver platter through a statement. Also what type of evidence, aside from an admission, could be used to show the selection of a victim because of that bias.

[This message was edited by kyeary on 01-27-05 at .]

[This message was edited by kyeary on 01-28-05 at .]

I've never prosecuted one but I've seen it done. You can only look to objective fact to prove it up.

There is a case coming up in Johnson County that could be instructive. Three yahoos beat the high holy heck out of a kid at a party because they thought, assumed or perceived he was a member of one of the protected groups. As I understand it, he was not.