OPINION
delivered the opinion of the Court
in which MEYERS, PRICE, WOMACK, KEASLER, HERVEY, and HOLCOMB, JJ., joined.
Applicant was convicted of capital murder for the shooting death of Mansor Bhai Rahim Mohammed during an aggravated robbery at the 7-Evenings Food Store in Houston. Based upon the jury’s answers to the special issues set out in Article 37.071,1 the trial court set punishment at death. This Court affirmed applicant’s conviction and sentence on direct appeal.2
Applicant raises six claims in his habeas corpus application filed pursuant to Article 11.071 of the Texas Code of Criminal Procedure. We ordered the parties to brief two of those claims which we rephrased:
1) Whether applicant is factually innocent of the offense of capital murder; and
2) Whether applicant was deprived of the effective assistance of counsel due to his trial counsel’s failure to request a charge on felony murder.
Both of these claims hinge upon the “newly available” fact, that Sammy Butler, applicant’s triggerman-accomplice, was convicted of felony-murder after applicant’s trial.
Applicant’s position on the first claim is that
There is no evidence that Applicant personally killed the complainant. To the contrary, the only evidence is that Butler committed the offense. Thus, Applicant’s guilt is derivative of Butler’s guilt. Simply stated, at most Applicant is guilty of the offense for which Butler is guilty.
Regarding the second claim, applicant argues that the only viable defense strategy in his trial was to request a jury instruction on felony-murder — a strategy which succeeded in the accomplice’s trial. Because applicant’s counsel did not request an instruction on felony-murder, applicant contends that his trial attorney *551provided ineffective assistance of counsel under Strickland v. Washington.3
For the reasons set out below, we reject both of these claims. As for his remaining claims, we adopt the trial court’s findings of fact and conclusions of law. Based upon those findings and our independent review, we deny relief.
I.
The State’s evidence at trial showed that applicant and Sammy Butler acted together in planning the armed robbery at the 7-Evenings Food Store. Applicant told Butler that this would be their last robbery and it was going to be “a big one.” Applicant, armed with a .25 caliber semiautomatic weapon, went into the convenience store to exchange a beer he had purchased earlier. Butler, armed with a .38 caliber revolver, came into the store with him.
Applicant approached Mubarakali Mere-dia, who was tending the counter, pointed his pistol at Mr. Meredia, and told him to open the cash register and hand over all of the money. Applicant shot Mr. Meredia in the abdomen when he did not move quickly enough. He shot at Mr. Meredia’s cousin, Mansor Bhai Rahim Mohammed, who also worked at the shop, when he began running toward the back of the store.4 Applicant then shot Mr. Meredia three more times as he lay on the floor. He ordered Mr. Meredia to get up and get the money for him. Mr. Meredia did so. Then applicant put his pistol to Mr. Mere-dia’s neck and pulled the trigger. Nothing happened. He had run out of bullets. So applicant hit Mr. Meredia on the head with the butt of his gun and struck him with the cash register drawer. Nonetheless, Mr. Meredia survived.
Applicant took the money and ran out of the store. Butler grabbed a stack of lottery tickets as he followed behind applicant. Applicant jumped into the driver’s seat of their car, while Butler got into the passenger’s seat, rolled down his window, and fired two shots at Mr. Rahim who had run to the front door. One bullet hit Mr. Rahim in the chest, and he died.
Based upon this evidence, the jury convicted applicant of capital murder. During the punishment phase, the jury heard evidence that this robbery-murder was only one part of a robbery-murder spree during which applicant, as the triggerman, had committed two additional capital murders.5 Based upon all of the evidence submitted, the jury found that applicant would pose a future risk of danger and that there were no mitigating circumstances that would call for a life sentence. The judge sentenced him to death.
Approximately six months after applicant's conviction, his accomplice, Sammy Butler, was tried for capital murder. The jury in that' case returned a guilty verdict on the lesser-included offense of felony-murder and sentenced Butler to life imprisonment.
II.
A. Claim of Factual Innocence
Applicant contends that he is factually innocent of capital murder because a different jury found Sammy Butler guilty only of felony-murder.6 He argues that *552his accomplice liability for the robbery-murder of Mr. Rahim hinges upon Butler’s conviction in a separate trial rather than the evidence of his and Butler’s conduct and mental states in applicant’s own trial. Applicant argues that “it is the intent of the killer which determines whether the offense is a capital murder or a felony-murder. If the actual killer intended the death, it is a capital murder. If he did not, it was not capital murder.” Applicant misinterprets the law.
Under Section 7.02(a), a person is criminally responsible for a capital-murder offense committed by another person’s conduct, if
(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsi-ble person to engage in conduct prohibited by the definition of the offense; [or]
(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense[.]
Thus, applicant could be found guilty of capital murder under Section 7.02(a) if he had the intent to kill someone during this aggravated robbery, and (1) he caused or aided a totally innocent person to shoot and kill Mr. Rahim, or (2) he solicited, encouraged, directed, or aided Sammy Butler to commit capital murder.7
Furthermore, under Section 7.02(b), a person may be found guilty of capital murder if the following conditions are met:
[I]f, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.
The jury in this case was instructed that it could find applicant guilty of capital murder in any of three different ways: as the actual triggerman; as a party to Sammy Butler’s shooting of Mr. Rahim under Section 7.02(a)(2); or as a co-conspirator to the aggravated robbery under Section 7.02(b). Under the first two theories, the jury was required to find that applicant himself intended the death of Mr. Rahim; under the third theory the jury was required to find that applicant should have anticipated Mr. Rahim’s death as a consequence of his and Butler’s agreement to commit aggravated robbery and Mr. Ra-him’s death occurred in furtherance of that crime.
If the jury found that applicant and Sammy Butler conspired to commit an aggravated robbery, and either one of them shot and killed Mr. Rahim (intentionally or unintentionally), either or both of them may be convicted of capital murder if Mr. Rahim was killed in furtherance of the aggravated robbery and his murder was one that should have been anticipated as a part of this aggravated robbery.
There is nothing in Texas law that limits applicant’s criminal responsibility for the conduct of his accomplice, Sammy Butler, to only those specific crimes for *553which a jury has convicted Butler. In fact, Texas law is exactly the opposite. Section 7.03(2) of the Penal Code states that it is no defense
that the person for whose conduct the actor is criminally responsible has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.8
It is well-established that one accomplice may be found guilty of a different, more serious offense than other accomplices.9 Indeed, the acquittal of the principal does not prevent conviction of his accomplice.10 *554And it does not matter whether the acquittal of the principal occurs before or after the accomplice’s trial.11 What matters under Section 7.02(a) is the criminal mens rea of each accomplice; each may be convicted only of those crimes for which he had the requisite mental state. As Professor LaFave notes:
The notion that the accomplice may be convicted, on an accomplice liability theory, only for those crimes as to which he personally has the requisite mental state, is applicable in a variety of circumstances. It means, for example, that one may not be held as an accomplice to the crime of assault with intent to kill if that intent was not shared by the accomplice. But this limitation has proved most significant in the homicide area, where the precise state of mind of the defendant has great significance in determining the degree of the offense. To determine the kind of homicide of which the accomplice is guilty, it is necessary to look to his state of mind; it may have been different from the state of mind of the principal and they thus may be guilty of different offenses. Thus, because first degree murder requires a deliberate and premeditated killing, an accomplice is not guilty of this degree of murder unless he acted with premeditation and deliberation. And, because a killing in a heat of passion is manslaughter and not murder, an accomplice who aids while in such a state is guilty only of manslaughter even though the killer is himself guilty of murder. Likewise, it is equally possible that the killer is guilty only of man*555slaughter because of his heat of passion but that the accomplice, aiding in a state of cool blood, is guilty of murder.12
Thus, what is essential to applicant’s conviction of capital murder as a party under Section 7.02(a)(2)13 is evidence that supports a finding, beyond a reasonable doubt, that he intended the death of Mr. Rahim and that he assisted Sammy Butler in causing that death.14
The evidence of applicant’s intent to kill is not merely sufficient, it is overwhelming:
* Applicant came to the convenience store armed with a semiautomatic pistol;
* Applicant knew that Butler came to the convenience store armed with a .38 revolver;
* Applicant intentionally pointed his pistol at Mr. Meredia and demanded money;
* Applicant intentionally shot Mr. Meredia in the abdomen;
* Applicant intentionally shot Mr. Meredia three more times as he lay on the ground;
* Applicant intentionally shot at Mr. Rahim who was fleeing to the back of the store;
* Applicant intentionally put his semiautomatic pistol against Mr. Mere-dia’s neck and pulled the trigger; the only reason Mr. Meredia did not die from that intentional act was because applicant’s revolver was out of bullets;
* Applicant intentionally hit Mr. Mere-dia over the head with the butt of his revolver;
* Applicant intentionally struck Mr. Meredia with the cash register drawer.
From this evidence of applicant’s obvious intent to kill Mr. Meredia and his repeated attempts to do so, any reasonable juror could conclude that applicant also intended that his accomplice, Sammy Butler, kill Mr. Rahim.
Applicant argues that, even though he may have acted with malice aplenty and attempted to kill and intended to kill, the offense of capital murder was never committed by anyone because a different jury found that Butler did not intentionally kill Mr. Rahim. He relies upon the first sentence of Section 7.03 which reads:
In a prosecution in which an actor’s criminal responsibility is based on the conduct of another, the actor may be convicted on proof of commission of the offense and that he was a party to its commission... .15
Applicant argues that Butler’s subsequent acquittal of capital murder proves that, under Section 7.03, no capital murder was ever committed. Applicant misreads Section 7.03. That provision applies to the proof offered at applicant’s trial, not the evidence offered in some other trial. It was in applicant’s trial that the State bore the burden of offering “proof of commission of the offense” of capital murder. And indeed it did. There is evidence *556aplenty that Sammy Butler, as well as applicant, intended to cause Mr. Rahim’s death:
* Butler came to the convenience store armed with a .38 revolver;
* Butler knew that applicant came to the convenience store armed with a semiautomatic pistol;
* Butler knew that applicant shot Mr. Meredia several times;
* Butler shot at Mr. Rahim and another customer while applicant was shooting at Mr. Meredia;
* Butler threatened to shoot other customers while applicant was grabbing the money from the cash register;
* Butler did shoot in the direction of Mr. Rahim a second time while both robbers were still in the store;
* After applicant and Butler got into their getaway car, Butler rolled down the passenger-side window and shot Mr. Rahim who had run to the door of the store;
* Butler shot at Mr. Rahim twice;
* One of those shots hit Mr. Rahim in the chest and killed him.
* Applicant told police during his oral confession that Butler “kept shooting. He unloaded and I unloaded.”16
It might be possible to conclude that Butler did not aim at Mr. Rahim or intend to shoot him in the chest. But applicant’s jury was certainly entitled to believe that Butler’s two shots were not a sheer accident, and that Mr. Rahim’s death was not the result of a wayward bullet that fortuitously ended up striking the unlucky man.17 It was entitled to conclude that Butler intended precisely what occurred— Mr. Rahim’s death.18 And it was also entitled to conclude that applicant intended that Butler shoot and kill Mr. Rahim just as applicant surely would have killed Mr. Meredia if only he had not first run out of bullets.
In sum, there was ample evidence offered at applicant’s trial that Sammy Butler committed the offense of capital murder and that applicant assisted or encouraged him in that endeavor by his own *557acts of attempting to commit the capital murder of Mr. Meredia. The fact that the jury in Butler’s trial declined to convict him of capital murder does not affect thé validity of applicant’s capital murder conviction.19
Thus, although the verdict in Butler’s trial may be “newly available evidence,” it is not evidence that shows (or even tends to show) applicant’s innocence of capital murder. Therefore, we adopt the trial court’s findings of fact and conclusions of law concerning applicant’s claim of factual innocence.
B. Claim of Ineffective Assistance of Counsel
Applicant also contends that his trial counsel provided constitutionally deficient assistance because he failed to request an instruction on the lesser-included offense of felony-murder.20 Applicant further contends that his counsel’s deficient performance probably caused the jury to return a verdict of capital murder rather than felony-murder. Applicant raised this ineffective assistance claim on direct appeal, arguing that trial counsel should have “request[ed] a lesser-included offense charge as it would apply to the offense of murder.”21 This Court rejected that claim because the record did not contain sufficient information concerning trial counsel’s strategy. It does now.
In his affidavit, applicant’s trial counsel stated that the defense strategy that he and his co-counsel decided upon was that applicant did not anticipate Butler’s murder of Mr. Rahim:
The basis of our cross-examination, and defensive strategy was that Mr. Thompson knew of and intended to participate in an aggravated robbery, but in no way did he either know or anticipate that someone would be killed, especially under the circumstances of the complaining witness’ death.... This was the argument that I made to the jury during the guilt phase of the trial. However, based on the confessions, and the actions of Mr. Thompson while inside the store, i.e. Mr. Thompson shot someone, who did not die, Mr. Williams and I concluded that a request for a lesser included instruction of felony murder was not shown by the evidence.22
Thus, trial counsel made the reasoned strategic decision that their strongest ar*558gument was that applicant did not and could not have anticipated that Butler would shoot Mr. Rahim as the two departed from the convenience store. That argument was at least as strong — if not stronger — than the argument that Butler did not intend to kill Mr. Rahim and that his act of shooting at him twice was an unforeseeable accident, albeit an act clearly dangerous to human life. Applicant’s attorney noted that this defensive position was carried through to the punishment phase concerning the “anti-parties” special issue:23
With regard to Special Issue 2, the argument was centered on 1. The fact that Mr. Thompson was not the shooter. 2. That the manner in which the complainant was killed, i.e. as they drove away, Mr. Butler shot in the dark and the complainant was standing at the door. Mr. Thompson was in no way responsible for the death of Mr. Rahim, and could not have anticipated that Butler would shoot as they were driving away and it was dark. 3. That Mr. Thompson’s intent was to commit an aggravated robbery and nothing more, which he did.
As applicant’s counsel noted, this strategy was ultimately unsuccessful, perhaps because of the evidence of applicant’s two other capital murders. But counsel did not create those facts.
Applicant now argues that he was not entitled to any charge on the lesser-included offense of aggravated robbery, but he was entitled to a charge on felony-murder. He states that, “given those undisputed facts [of applicant’s attempts to kill Mr. Meredia and shoot Mr. Rahim] no one could plausibly argue that Applicant should not have reasonably anticipated that Butler might engage in violence, including shooting a person.” Such a strategy, argues applicant, is “laughable.”
Applicant notes that in Solomon v. State,24 this Court held that a person charged with capital murder is not entitled to a lesser-included instruction on aggravated robbery unless there is evidence showing one of three things: (1) there was-no murder; (2) the murder was not committed in furtherance of a conspiracy; or (3) the murder should not have been anticipated.25 In this case, as applicant candidly admits, there is ample evidence that (1) there was a murder; (2) the murder was committed in furtherance of a conspiracy; and (3) the murder should have been anticipated. Thus, he argues, it was error to charge the jury on this lesser included offense. Perhaps so, but it certainly did not harm applicant, and at least it gave the defense attorneys something solid to argue during closing arguments.
Applicant then turns around and contends that counsel should have requested a lesser-included instruction on felony-murder. But submission of felony-murder is not warranted unless there is evidence that shows:
(1) for purposes of party liability under Section 7.02(a)(2), applicant himself did not intend the death of Mr. Ra-him or another;
*559(2) for purposes of conspiracy liability under Section 7.02(b), Butler’s act of shooting Mr. Rahim was not committed in furtherance of a conspiracy; or
(3) for purposes of conspiracy liability under Section 7.02(b), applicant should not have anticipated that Butler would shoot Mr. Rahim.
In arguing that he was not entitled to a charge on aggravated robbery, applicant agrees that there is no evidence supporting prong (2) or (3). And he fails to point to any evidence that affirmatively shows that applicant himself did not intend the death of Mr. Rahim or another.
Applicant relies, instead, upon his oral confession to the police in which he describes Butler’s action and surmises about Butler’s intent:
Well, he [Butler] shoots — And, the man was coming up and was going back. He just shot basically at the window just to make the man go run back in the store as we got away.
This description of Butler’s actions and intent, however, is not evidence that affirmatively shows that applicant had no intent to kill.26 And, under the law of parties, it is applicant’s intent that is determinative of his guilt for either capital murder or felony-murder.
The evidence was clearly sufficient to establish that applicant participated in the murder of Mr. Rahim and intended his death. The question concerning an entitlement to the lesser-included of felony-murder is whether the evidence would permit a rational jury to make a contrary finding: that is, based upon the evidence, could a rational jury conclude that Butler acted entirely alone in the shooting death of Mr. Rahim, and that applicant did not intend or anticipate this murder?27 That *560evidence need be only more than a mere scintilla, and it may be impeached or contradicted, but it must be sufficient, if believed, to at least permit a rational jury to return a verdict on the lesser-included offense.28 Under this standard, applicant was not entitled to a charge on felony-murder and therefore his counsel was not ineffective for failing to request such a charge.29
Applicant argues that there was no downside to asking for an instruction on the lesser-included offense of felony-murder. But there might well have been a very serious downside had applicant offered any evidence of lack of intent or had he engaged in any cross-examination that might raise an issue concerning his lack of intent to kill. Once applicant opens the door to the issue of murderous intent, the State would presumably walk right through that door with the evidence of the two extraneous capital murders that applicant himself committed to prove that he had a murderous intent on this occasion just as he had on those two other occasions.30
When judging an attorney’s conduct in retrospect, we cannot assume that only his conduct might have been- different. We must assume that, as in a chess game, if a defendant hypothesizes a different strategy or move by his pawn or queen, the State would have altered its strategy and made a different move with its chess pieces as well. In this case, applicant’s case at the guilt phase might have been considerably worsened had he attempted to raise an issue concerning his intent to kill. Therefore, we cannot conclude that his counsel’s chosen strategy — to forego an attack upon the State’s case concerning his own intent to kill and instead concentrate on a plausible argument (albeit largely unsupported by evidence) that applicant could not have anticipated Butler’s act of shooting Mr. Rahim — was a constitutionally ineffective one.
We therefore adopt the trial court’s findings of fact and conclusions of law, and based upon those findings and our own independent review, we deny relief on all claims.
*561KELLER, P.J., filed a concurring opinion.
JOHNSON, J., dissented.