¶1dissenting.
¶2In my view the evidence is insufficient to support the jury verdict that appellant committed murder in the course of robbery. The evidence shows without serious dispute that after the assault appellant went through Howard’s property, took some valuables, and then took his car. That appellant in fact ultimately took valuable property belonging to Howard is certainly evidence showing that he formulated an intent to obtain or maintain control over the property at some point in time. There is nothing in the evidence to lead a rational juror to infer, however, that the requisite intent was formulated before or during the homicide, and not afterwards. The record presents no rational basis to prefer either theory. This is no more than to say that as to the element of specific intent, the State *139has failed to carry its burden of production. Looking at all the evidence in the light most favorable to the verdict, I do not see how a rational trier of fact could decide beyond a reasonable doubt when the intent to take Howard’s property was formed.
¶3Today the majority sanctions jury confabulation; plugging evidentiary gaps with speculation about what might have happened that is at least consistent with what the State has proved. But confabulation is not itself proof. We should reverse the judgment of the trial court in this cause and remand for entry of a judgment of acquittal. Because the Court does not, I respectfully dissent.