Sean Michael McGuire v. State ( 2015 )

ACCEPTED
01-14-00240-CR
FIRST COURT OF APPEALS
HOUSTON, TEXAS
6/2/2015 4:18:43 PM
CHRISTOPHER PRINE
CLERK
NO. 01-14-01023-CR
STATE OF TEXAS § IN THE COURT OF APPEALS
FILED IN
1st COURT OF APPEALS
HOUSTON, TEXAS
VS. § FIRST JUDICIAL6/2/2015
DISTRICT4:18:43 PM
CHRISTOPHER A. PRINE
Clerk
SEAN MICHAEL MCGUIRE § HOUSTON, TEXAS
STATE’S MOTION FOR JUDICIAL NOTICE
TO THE HONORABLE JUSTICES OF THE FIRST COURT OF APPEALS:
In this case, the trial court dismissed Count II of the indictment as a double
jeopardy violation because Appellee was convicted in Count I for felony murder. The
appeal of the conviction in Count I is pending in this Court, McGuire v. State, No. 01-
14-00240-CR.
Count I for felony murder, Count II for intoxication manslaughter, and the
charge in a separate indictment for failure to stop and render aid1 were tried together.
Count II remained pending after trial because Appellee insisted on one verdict for
both counts of the indictment contrary to law.
The facts and arguments at trial, shown in the reporter’s record for the appeal
of the felony murder conviction inform the arguments made at the writ hearing in this
case.
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The appeal of the conviction for failure to stop and render aid is also
pending in this Court in McGuire v. State, Cause No. 01-14-00241-CR.
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WHEREFORE, PREMISES CONSIDERED, The State asks the Court to take
judicial notice of the reporter’s record in No. 01-14-00240-CR in deciding this
appeal.
Respectfully submitted,
John F. Healey, Jr.
SBOT # 09328300
District Attorney, 268th Judicial District
Fort Bend County, Texas
/s/ Gail Kikawa McConnell
Gail Kikawa McConnell
SBOT # 11395400
Assistant District Attorney
301 Jackson Street, Room 101
Richmond, Texas 77469
(281) 238-3205/(281) 238-3340 (fax)
Gail.McConnell@fortbendcountytx.gov
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing State's motion was served by
certified mail, return receipt requested # 7012 3460 0002 4097 9206 on June 2, 2015,
on Ms. Kristen Jernigan, Attorney for Appellee, 207 S. Austin Ave., Georgetown, TX
78626.
/s/ Mattie Sanford
Mattie Sanford
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