Chaney v. State

I respectfully dissent from the conclusion that the evidence of guilt was legally sufficient. My conclusion is founded upon the test we have historically utilized in addressing such issues. The test mandates that we defer to the jury’s decision unless it is irrational or not supported by some evidence. Ortegon v. State, 267 S.W.3d 537, 546 (Tex.App.-Amarillo 2008, pet. ref d). That test is not a mandate of our own creation but rather that of our Court of Criminal Appeals espoused years ago, e.g., Moreno v. State, 755 S.W.2d 866, 867 (Tex.Crim.App.1988) (requiring intermediate appellate courts…