Tony Harrell-MacNeil v. State ( 2015 )

In The
Court of Appeals
Seventh District of Texas at Amarillo
________________________
No. 07-15-00009-CR
________________________
TONY HARRELL-MACNEIL, APPELLANT
V.
THE STATE OF TEXAS, APPELLEE
On Appeal from County Court at Law No. 1
McLennan County, Texas
Trial Court No. 20134973CR1; Honorable Mike Freeman, Presiding
June 29, 2015
ORDER OF SEVERANCE
Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.
On December 9, 2013, pursuant to a single, three-count complaint, Appellant,
Tony Harrell-MacNeil, was charged for the misdemeanor offenses of driving while
intoxicated, unlawfully carrying a weapon,1 and reckless driving.2 In exchange for pleas
of guilty to Counts I and III, the State abandoned Count II. The trial court entered two
1
TEX. PENAL CODE ANN. §§ 49.04(d), 46.02 (West Supp. 2014).
2
TEX. TRANSP. CODE ANN. § 545.401(a) (West 2011).
separate judgments assessing 365 days confinement and a $4,000 fine for Count I,
suspended for twenty-four months community supervision, and thirty days and a $200
fine for Count III, suspended for six months community supervision. By a single notice
of appeal, Appellant challenges the “DWI and reckless driving” convictions.
Because this appeal involves two separate judgments, for purposes of clarity, we
sua sponte sever this appeal into separate appellate cause numbers, one as to each
judgment. Henceforth, the appeal of the judgment entered as to Count I will bear
appellate cause number 07-15-00009-CR, whereas the appeal of the judgment entered
as to Count III will bear appellate cause number 07-15-00259-CR. All filings,
specifically including the Clerk’s Record, Reporter’s Record and all briefing filed in
cause number 07-15-00009-CR shall be considered as being filed in the companion
case.
It is so ordered.
Per Curiam
Do not publish.
2