Fourth Court of Appeals
San Antonio, Texas
JUDGMENT
No. 04-13-00415-CR
Dave MCNEIL 1,
Appellant
v.
The STATE of Texas,
Appellee
From the 25th Judicial District Court, Guadalupe County, Texas
Trial Court No. 12-2002-CR
Honorable Charles Ramsay, Judge Presiding
BEFORE JUSTICE BARNARD, JUSTICE MARTINEZ, AND JUSTICE ALVAREZ
In accordance with this court’s opinion of this date, the trial court’s judgment is
REVERSED and the matter is REMANDED to the trial court for a new trial in accordance with
this court’s opinion.
SIGNED August 6, 2014.
_____________________________
Marialyn Barnard, Justice
1
In documents filed by counsel for appellant Dave McNeil at trial, and as well as in the appellant’s brief filed in this
court, counsel represents appellant’s surname as “McNeal.” Additionally, the court reporter included a note in the
Master Index which states: “The correct spelling of the Defendant’s name is ‘McNeal.’” However, trial court’s
judgment spells appellant’s surname as “McNeil.” There is no indication that these are two different people. We shall
therefore use the spelling contained with the official judgment of the trial court, i.e., “McNeil.’