The Texas Court of Criminal Appeals hears oral arguments that could decide whether former House Majority Leader Tom DeLay's earlier conviction of money laundering and conspiracy will be reinstated. 

 

A Travis County prosecutor says she's hopeful the state's highest appeals court "will do the right thing."

 

However, DeLay's attorney Brian Wice argues the lower court got it right when it threw out his 2010 conviction last year.

 

"There's a fine line between prosecution and persecution, and this prosecutorial posse crossed it by creating a crime that certainly didn't exist," Wice tells KTRH News.

 

"The state's position essentially is that the court of appeals ignored critical evidence and failed to view the evidence most favorable to the prosecution," he says.  "Really beyond that I had a difficult time understanding what my opponent had to say."

 

Wice says a decision is not expected until later this year.