Mitchell v. State

OPINION

LAURA CARTER HIGLEY, Justice.

A jury found appellant, Clinton Mitchell, guilty of criminally negligent homicide. 1 The jury also found, in a special issue, that appellant used a deadly weapon, namely, a motor vehicle, during the commission of the offense. The trial court assessed punishment at five years in prison. 2 In two points of error, appellant challenges the legal and factual sufficiency of the evidence to support his conviction.

We affirm.

Background

It is undisputed that, while driving a dump truck for his employer, the City of Houston, appellant ran over and killed the…