Norman Thomas v. State ( 2002 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

____________________

NO. 09-02-171 CR ____________________

NORMAN THOMAS, Appellant

V.

THE STATE OF TEXAS, Appellee

---

On Appeal from the 217th District Court Angelina County, Texas Trial Cause No. 22,520

---

O P I N I O N

A jury convicted Norman Robert Thomas of murder and sentenced him to thirty-five years' confinement in the Texas Department of Criminal Justice, Institutional Division. On appeal, Thomas contends the evidence was legally insufficient for the jury to find he intended to cause the death of the victim.

In his brief, Thomas argues there was evidence he had a predisposed fear of the victim which explains why he was in fear of the lives of his friends and family later that night. Thomas also references evidence the death was accidental as the shot he fired was "an apparent warning shot." However, Thomas testified he saw the victim, Goodwin, drive by. He retrieved his gun, went across the street and waited, then pulled the trigger and shot Goodwin. Thomas said he was six feet away when he shot Goodwin. The shot hit Goodwin in the center of the head. Three witness testified Goodwin had his hands out to the side, palms up, and did not have a weapon when he was shot. Two of these also testified that Thomas came from a wooded area and continued walking toward Goodwin after Goodwin backed up. Two witnesses placed Thomas close enough to Goodwin to touch him. Another witness testified Thomas jumped out of the woods and ran toward Goodwin before shooting him.

"Intent to kill is a question of fact to be determined by the jury from all the facts and circumstances in evidence. The jury may infer an intent to kill from any facts in evidence which, to their minds, prove the existence of an intent to kill." McWhorter v. State, 957 S.W.2d 928, 930 (Tex. App.--Beaumont 1997, no pet.)(citations omitted). Viewing all of the evidence in the light most favorable to the prosecution, we find any rational trier of fact could have found beyond a reasonable doubt that Thomas intended to cause Goodwin's death. See Jackson v. Virginia, 443 U.S. 307, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979). Issue one is overruled. The judgment of the trial court is AFFIRMED.

PER CURIAM

Submitted on November 6, 2002

Opinion Delivered November 27, 2002

Do not publish

Before Walker, C.J., Burgess, and Gaultney, JJ.