Sean Michael McGuire v. State

Opinion

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.

1 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.

1 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