Background

• Marquez was convicted by a jury on three counts: aggravated assault, murder, and unlawful possession of a firearm by a felon, with sentences running concurrently.
• Count II charged murder of Luis Adolfo Pena, Jr.; the State sought to prove intent to cause serious bodily injury or death.
• Evidence showed Appellant fired multiple shots during a fight on a Big Spring parking lot, including at Raul Mendez and Luis Pena.
• Witnesses described a black .22 revolver; Raul was shot twice, Luis was shot once in the head; no other gun was observed.
• Marquez argued the evidence only supported an inference of harm to Raul with Luis as an unintended victim; he claimed lack of transferred-intent instructions.
• The court affirmed, holding the evidence was sufficient for the jury to deem Marquez guilty of murder as charged in Count II.

Issues

Key Cases Cited

• Dues v. State, 634 S.W.2d 304 (Tex. Crim. App. [Panel Op.] 1982) (intent may be inferred from acts and conduct)
• Griffith v. State, 315 S.W.3d 648 (Tex. App.—Eastland 2010) (inferences from conduct and credibility weigh in sufficiency review)
• Jones v. State, 944 S.W.2d 642 (Tex. Crim. App. 1996) (intent may be inferred from use of a deadly weapon)
• Mosley v. State, 983 S.W.2d 249 (Tex. Crim. App. 1998) (jury resolves conflicts; standard deferential to verdict)
• Matchett v. State, 941 S.W.2d 922 (Tex. Crim. App. 1996) (jury credibility and weight of testimony resolved in favor of verdict)
• Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (Jackson v. Virginia sufficiency standard applied)
• Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (conflicts in evidence resolved in favor of the verdict)
• Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency review uses light most favorable to verdict)