Sholars v. State

OPINION

EVELYN V. KEYES, Justice.

A jury convicted appellant, Heywood Joseph Sholars, of capital murder. 1 The trial court sentenced appellant to life in prison. In two points of error, appellant argues that (1) the trial court erred in using a stair-step instruction which prohibited consideration of a lesser offense in determining guilt as to the charged offense and in permitting prosecutorial jury argument that repeated the error; and (2) the evidence presented at trial was factually insufficient to show that appellant intentionally shot the complainant or intended to shoot another person.

We…