Alfred Isassi, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals reversed the Corpus Christi Court of Appeals' legal-sufficiency acquittal of former Kleberg County Attorney Alfred Isassi, who was convicted of two counts of improper influence (Tex. Penal Code § 36.04) for telephoning a pretrial-bond coordinator and an assistant district attorney in an effort to short-circuit the felony prosecution of his aunt. Construing the previously uninterpreted intent element through the Model Penal Code § 240.2(d) commentary and federal obstruction-of-justice analogues, the Court held that the statute targets the influencer's improper purpose — here a familial relationship, which the law does not authorize as a basis for dismissing charges or excusing bond conditions — and requires neither a quid pro quo nor unlawful means. Viewed in the light most favorable to the verdict, the evidence (concealment of the family relationship, a false claim of having spoken to the district attorney's office, and repeated calls) permitted a rational juror to find culpable intent beyond a reasonable doubt, and the jury's inference of intent received the same deference as proof of conduct. Presiding Judge Keller dissented on original submission (joined by Judges Price and Holcomb) and again from denial of rehearing, contending that the statute turns on what the defendant communicates rather than his unexpressed motive, and that the Court's construction is unconstitutionally vague as applied and impermissibly retroactive.