- Tex. App. Dist. 1
- Michael Massengale, Justice
A jury convicted the appellant of alleged capital murder and the trial court sentenced him to life in prison. The cumulative effect of the incriminating evidence of the events before, during, and after the commission of the offense would permit a rational trier of fact to have found beyond a reasonable doubt that the defendant and another individual conspired to commit robbery, that the murder of the victim was in furtherance of that conspiracy, and that the defendant should have anticipated the co-conspirator's actions in robbing and shooting the victim. The conviction is affirmed, but because the sentence conflicts with Miller, the punishment is reversed and remanded for a new sentencing hearing. Houston's 1st Court of Appeals, No. 01-11-00839-CR, 08-27-2013.