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McWHORTER v. STATE

No. 09-95-299CR.

957 S.W.2d 928 (1997)

John Lee McWHORTER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Beaumont.

Decided December 10, 1997.

Attorney(s) appearing for the Case

Randy Schaffer, Schaffer & Henley, Houston, for appellant.

John D. Kimbrough, Orange County Attorney, Troy Johnson, Assistant County Attorney, Orange, for appellee.

Before WALKER, C.J., and BURGESS and STOVER, JJ.

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...

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