Andrews, Julia Rhoton, PD-0052-15

On Nov. 28, 2012, Randy Peddy (intoxicated) repeatedly returned to Julia Andrews’s home, damaged her car (cement blocks through windows), and assaulted Andrews (redness/abrasion observed). Police had been called earlier that evening.
Andrews retrieved a .22 rifle, fired an initial shot toward the street as a warning; when Peddy continued approaching she fired additional shots. Peddy was later found dead by police.
Andrews immediately told relatives and officers she had shot Peddy, said she had fired warning shots and that she did not mean to kill him; she was distraught and apologetic.
Andrews was indicted for murder; the indictment included alternative paragraphs for (1) intentionally/knowingly causing death and (2) intending serious bodily injury while committing an act clearly dangerous to human life. The jury convicted her of murder and sentenced her to 44 years and a fine.
The court of appeals affirmed the conviction. Andrews filed a petition for discretionary review arguing legal and factual insufficiency of the evidence to prove specific intent to kill or cause serious bodily injury; alternatively she sought reformation to manslaughter.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence was sufficient to prove Andrews had specific intent to kill or to cause serious bodily injury when she fired	Andrews: evidence shows she fired warning shots while fearing for her safety after being assaulted; testimony that she didn’t aim and was distraught rebuts any presumption of intent	State: (as affirmed by court of appeals) circumstantial evidence, use of a deadly weapon, and number/direction of shots support a rational jury finding of intent	Court of Appeals: evidence was legally and factually sufficient to support conviction for murder (affirmed trial verdict)

Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson legal-sufficiency standard and proper appellate review)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for reviewing sufficiency of evidence — any rational trier of fact standard)
Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (consider both direct and circumstantial evidence and reasonable inferences)
Conner v. State, 67 S.W.3d 192 (Tex. Crim. App. 2001) (intent may be inferred from conduct and words)
Foster v. State, 639 S.W.2d 691 (Tex. Crim. App. 1982) (presumption of intent from use of deadly weapon is rebuttable)
Turner v. State, 805 S.W.2d 423 (Tex. Crim. App. 1991) (pulling the trigger alone does not necessarily establish intent to kill)
Bowen v. State, 374 S.W.3d 427 (Tex. Crim. App. 2012) (court of appeals may reform judgment to lesser-included offense)