Summary
The Eleventh Court of Appeals of Texas affirmed Larry Dewayne White’s conviction for murder under Texas Penal Code § 19.02(b)(2) and his sixty-year sentence. The court held that the evidence was sufficient for a rational jury to find that White intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused Kenneth Wayne Williams’s death. The court deferred to the jury’s resolution of credibility issues and rejected White’s sufficiency challenge.
Holdings
- The evidence was sufficient for a rational jury to find beyond a reasonable doubt that White intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused Williams's death.
- Regardless of whether the challenge is characterized as legal or factual sufficiency, Texas courts apply the Jackson v. Virginia standard.
Questions Presented
- Whether the evidence was sufficient to prove that White intended to cause serious bodily injury as required for murder under Texas Penal Code section 19.02(b)(2).
Disposition
affirmed
Cases Cited (17)
- Jackson v. Virginia, 443 U.S. 307 (1979)(followed)
- Brooks v. State, 323 S.W.3d 893, 899, 912 (Tex. Crim. App. 2010)(followed)
- Polk v. State, 337 S.W.3d 286, 288-89 (Tex. App.—Eastland 2010, pet. ref'd)(followed)
- Isassi v. State, 330 S.W.3d 633, 638 (Tex. Crim. App. 2010)(followed)
- Winfrey v. State, 393 S.W.3d 763, 767 (Tex. Crim. App. 2013)(followed)
- Clayton v. State, 235 S.W.3d 772, 778 (Tex. Crim. App. 2007)(followed)
- Thomas v. State, 444 S.W.3d 4, 8 (Tex. Crim. App. 2014)(followed)
- Malik v. State, 953 S.W.2d 234, 240 (Tex. Crim. App. 1997)(followed)
- Walter v. State, 581 S.W.3d 957, 969-72 (Tex. App.—Eastland 2019, pet. ref'd)(followed)
- Cavazos v. State, 382 S.W.3d 377, 384 (Tex. Crim. App. 2012)(followed)
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Cited In (0)
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Court Document
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