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legally insufficient to show that Appellant was Deputy Cisneros testified that the Cossacks
one of the “members” who regularly or were a nationwide criminal street gang known
continuously engaged in criminal activity. to engage in criminal activities, but he knew of
no criminal charges filed against Cossacks in
The evidence is insufficient to prove that the area. Appellant denied that the Cossacks
Martin associated in the commission were a criminal street gang and denied that he
of criminal activities by the Cossacks. In was aware of any criminal activity occurring
assessing the legal sufficiency of the within the gang. He also testified that he had
evidence to support a criminal conviction, we never been convicted of a felony or
consider all the evidence in the light misdemeanor, except traffic violations. At the
most favorable to the verdict and determine Twin Peaks restaurant shoot-out in Waco, he
whether, based on that evidence and was arrested and charged with criminal
reasonable inferences therefrom, a rational organization, but the charges were later
juror could have found the essential dismissed. Further, a later report from the
elements of the crime beyond a reasonable Waco Police Department revealed that police
doubt. A reviewing court must “defer to the ran a background check and did not find
jury’s credibility and weight determinations anything that would prohibit Appellant from
because the jury is the ‘sole judge’ of legally possessing a handgun, and the Waco
witnesses’ credibility and the weight to be Police Department returned Appellant’s gun to
given testimony.” him. According to the statutory analysis in
Flores, to be a “member,” an individual
In some cases, sufficiency of the evidence also “must be one of three or more persons with a
turns on the meaning of the statute under common identifying sign, symbol, or
which the defendant has been prosecuted. In identifiable leadership and must also
other words, a reviewing court must perform a continuously or regularly associate in the
statutory analysis to determine the elements of commission of criminal activities.” Here, the
the offense before reviewing the evidence court of appeals held that while the evidence
presented. Id. In this case, that statutory presented at trial satisfied the first half
analysis is provided above. of the inquiry, i.e., that Appellant was part of
the Cossack Motorcycle Club, the
The State presented evidence at trial that record lacked evidence of the second half, i.e.,
Appellant had been involved with a showing that he associated in the
the Cossacks Motorcycle Club. Appellant said commission of criminal activities.
he was a member for four years.
Appellant admitted to the arresting officer that We agree with the court of appeals in holding
he was a Cossack and was wearing “gang that the evidence was insufficient to support
attire” at the time of his arrest. Appellant had Appellant’s conviction for unlawful carry by a
previously been arrested with gang members gang member beyond a reasonable doubt.
for a gang-related offense. Appellant was There is no evidence in the record from which
formerly a Sergeant-atArms and enforcer for one may fairly infer that Appellant was aware
the Dallas chapter of the Cossacks. He of any criminal activities by the Cossacks.
reported directly to the president of the chapter Appellant’s mere presence at the Twin Peaks
and served as the chapter president’s shooting does not establish that appellant
bodyguard. continuously or regularly associated in the
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