Wheeler v. State

OPINION

ROSS, Justice.

Hurshell Wheeler was convicted of arson, 1 enhanced as a habitual offender, 2 and was sentenced to imprisonment for thirty-five years. He appeals the judgment, challenging both the legal and factual sufficiency of the evidence to support his conviction. Regarding the legal sufficiency, Wheeler contends that: 1) the grand jury failed to exercise due diligence when it charged him with two counts of arson and alleged that the manner and means were unknown; 2) there was legally insufficient evidence of an “explosion” as set forth in both the indictment and the jury charge;…