Court of Criminal Appeals of Texas

The State of Texas v. John Dominick Colyandro, James Walter Ellis, and Thomas Dale Delay, Appellees

June 27, 20072007 Tex. Crim. App. LEXIS 869

Summary

The Court affirmed the Court of Appeals' judgment quashing conspiracy charges under the Election Code, holding that the prior decisions in Moore and Baker correctly limit the application of Title 4 criminal conspiracy provisions to offenses defined outside the Penal Code unless the Legislature expressly provides otherwise, and that those decisions are not overruled or limited. The dissenting opinions argued that the conspiracy statute should apply to any felony and that the precedents should be overruled, but the majority declined to do so.