Foster v. State

HUNSTEIN, Presiding Justice.

A jury found appellant Calvin Wayne Foster guilty of malice murder, felony murder, and possession of a firearm during the commission of a crime in connection with the shooting death of his estranged wife. The trial court denied Foster’s motion for new trial 1 and he appeals.

1. On the morning of the shooting, Foster and the victim argued at Foster’s home. The victim ran to a neighbor’s house for help and was shot on the neighbor’s front porch. Foster was seen driving away from his home soon thereafter. He called the victim’s brother and confessed to the shooting,…