Carl William Whoberry v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-04-00417-CR

Carl William Whoberry, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 403RD JUDICIAL DISTRICT

NO. 3013455, HONORABLE WILLIAM E. BENDER, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

A jury convicted Carl William Whoberry of the capital murder of Dale Johnson, and he was sentenced to life in prison. See Tex. Pen. Code Ann. § 19.03 (West Supp. 2004-05). Whoberry challenges his conviction in four issues contending that the evidence was legally and factually insufficient to show the murder was…