Sholars v. State

An instruction that did not instruct the jury that it must unanimously acquit appellant of the greater offense before proceeding to the lesser offense, but instead required it to unanimously acquit him or convict him of one of the offenses charged only after the jury had considered whether he was guilty of any offense defined in the charge, is a proper sequencing instruction. Houston's 1st Court of Appeals, No. 01-08-00060-CR, 09-24-2009.

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OPINION

A jury convicted appellant, Heywood Joseph Sholars, of capital murder.*fn1 The trial court sentenced appellant to life in prison. In two points of error, appellant argues that (1) the trial court erred in using a stair-step instruction which prohibited consideration of a lesser offense in determining guilt as to the charged offense and in permitting prosecutorial jury argument that repeated the error; and (2) the evidence presented at trial was factually insufficient to show that appellant intentionally shot the complainant or intended to shoot another person.

We affirm.

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Sholars v. State

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