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She put the phone down, but later returned and told Barajas that her rings were “back on.” The conversation eventually concluded about p.m. To establish capital murder committed during the course of a robbery, the prosecution must prove beyond a reasonable doubt, in addition to the alleged murder, that the defendant possessed the specific intent to obtain or maintain control of the victim's property either before or during the commission of the offense. Robert Hebner and his wife were neighbors and friends of Holik. Austin police officers checked Holik's house about p.m. Holik's realtor and neighbor, Lakki Brown, saw the police officers. Holik's body was found face down on the floor in an upstairs guest bedroom. The body was fully clothed and there was no evidence of a sexual assault. Teena Fountain, an IBM coworker from Oak Park, Illinois, testified that on the morning of November 16, 2001, she was contacted by coworkers, Diane Kapcar of Dallas and Cynthia Barajas of Los Angeles, California, who reported that Holik had missed a scheduled “meeting,” and that they had been unable to contact her by any available means. He does not challenge the evidence supporting the commission of the murder. Knowing that the Austin storm had spawned some tornadoes, Fountain called the Austin Police Department that afternoon asking for a check on Holik. Dogs inside the house appeared to have left fecal matter on the carpet, indicating that they had been confined for some time. Appellant does not brief or present argument or authority in support of any contention that the allegations of murder are not supported by the evidence. When the police officers rolled the body over, a charm fell out of Holik's hair. A spare front door key with a ribbon was missing from the doorknob of a ground floor door. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. Barajas warned Holik that she should not let strangers into her home when she was alone.

He knew that Holik had been trying to sell her home. Scott Taliaferro, Assistant District Atty., Austin, for appellee. In the first and second points, appellant challenges the legal sufficiency of the evidence to establish that the murder was committed in the course of a robbery or in the course of a kidnapping. POINTS OF ERRORAppellant advances eight points of error. In the same general time frame, Diane Holik was murdered by ligature strangulation in her own home at XXXX Pathfinder in the Great Hills subdivision in Austin, where she lived alone. Holik's last known telephone conversation occurred at p.m.

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