Martin’s conviction stemmed from an April 17, 2018, traffic stop by a corporal with the Lubbock County Sheriff’s Office for traffic violations including speeding, making an unsafe lane change and having a partially obscured license plate.ĭuring the stop Martin told the corporal he had a weapon in his vest, which bore the Cossacks name and colors.Hello spies and assassins, are you ready to play a game? Martin admitted to being a member of the Cossacks motorcycle club, which is recognized by Texas law enforcement as a criminal street gang, defined by statute as “three or more persons have a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.”Ī gang member is one of three or more persons who continuously or regularly associate in the commission of criminal activities, according to statute. The unlawful carrying of a weapon charge includes a provision that prohibits members of a criminal street gang from possessing a firearm. The corporal arrested Martin, who was booked into the Lubbock County Detention Center on the Class A misdemeanor.

Under the statute, it is illegal for members of a criminal street gang to possess weapons. Martin appealed his conviction citing 15 grounds, the last one citing insufficient evidence to show he met the criteria of a criminal street gang member prohibited from possessing a firearm.

However, justices ruled only on the insufficiency argument, saying his trial counsel failed to preserve the other grounds, which challenged the constitutionality of the statute, for his appeal by not raising them at his trial.ĭuring Martin’s trial, prosecutors called on the arresting deputy, who told jurors he determined Martin was a member of the Cossacks based on Martin’s admission during the stop and his attire, which was the vest bearing the gang’s black and yellow colors. He told jurors he was aware the Cossacks Motorcycle Club is a criminal street gang actively engaging in criminal activity in Lubbock. However, he said he did not know of any criminal charges filed against a Cossack members in the area.

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