Stewart v. State

OPINION

ELSA ALCALA, Justice.

Appellant, Kendrick Dewayne Stewart, was indicted for capital murder. The indictment alleged that, while in the course of committing and attempting to commit the offense of retaliation against James Pienta, appellant intentionally caused the death of Pienta by shooting him with a deadly weapon, namely, a firearm. Appellant pleaded not guilty. A jury convicted appellant, and the court sentenced him to an automatic sentence of life imprisonment. Tex. Pen.Code ANN. § 19.03(a)(2) (Vernon Supp.2004). In two issues, appellant challenges the legal and factual sufficiency…