McWhorter v. State

OPINION

BURGESS, Justice.

A jury found John Lee McWhorter guilty of capital murder. As the State did not seek the death penalty, a sentence of life in the Texas Department of Criminal Justice—Institutional Division was automatically imposed. See Tex. Penal Code Ann. § 12.31(a) (Vernon 1994). McWhorter brings three points of error.

In his first point, McWhorter argues the evidence is insufficient to establish he had the specific intent to kill. The standard of review of the sufficiency of the evidence is whether, viewing all of the evidence in the light most favorable to the prosecution, any…