Herbert Garfield Gardner v. State

OPINION

Martha Hill Jamison, Justice

Appellant, Herbert Garfield Gardner, appeals from his conviction for capital murder. A jury found appellant guilty, and the trial court sentenced him to mandatory life in prison. While appellant concedes that he intentionally murdered the complainant, he contends in two issues that the evidence was insufficient to prove that he did so in the course of committing a burglary, the aggravating factor that elevated the murder to a capital offense. We affirm.

Background

On December 23, 2012, appellant shot and murdered complainant Connie Bowie inside her home in…