Daniel Wayne McLemore v. State

THE STATE OF TEXAS MANDATE ********************************************* TO THE 402ND DISTRICT COURT OF WOOD COUNTY, GREETING: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 2nd day of September, 2015, the cause upon appeal to revise or reverse your judgment between DANIEL WAYNE MCLEMORE, Appellant NO. 12-14-00316-CR; Trial Court No. 22,003-2013 Opinion by James T. Worthen, Chief Justice. THE STATE OF TEXAS, Appellee was determined; and therein our said Court made its order in these words: “THIS CAUSE came on to be heard on the appellate record and the briefs filed herein; and the same being inspected, it is the opinion of the Court that the trial court’s judgment below should be modified and, as modified, affirmed. It is therefore ORDERED, ADJUDGED and DECREED that the trial court’s judgment below be modified to reflect that Appellant was found guilty of deadly conduct under Texas Penal Code Section 22.05(b) instead of aggravated assault against a public servant; and as modified, the trial court’s judgment is affirmed; and that this decision be certified to the trial court below for observance.” WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed. WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the 27th day of October, 2015. PAM ESTES, CLERK By: _______________________________ Chief Deputy Clerk THE STATE OF TEXAS MANDATE ********************************************* TO THE 402ND DISTRICT COURT OF WOOD COUNTY, GREETING: Before our Court of Appeals for the 12th Court of Appeals District of Texas, on the 2nd day of September, 2015, the cause upon appeal to revise or reverse your judgment between DANIEL WAYNE MCLEMORE, Appellant NO. 12-14-00318-CR; Trial Court No. 22,005-2013 Opinion by James T. Worthen, Chief Justice. THE STATE OF TEXAS, Appellee was determined; and therein our said Court made its order in these words: “THIS CAUSE came on to be heard on the appellate record and the briefs filed herein; and the same being inspected, it is the opinion of the Court that the trial court’s judgment below should be modified and, as modified, affirmed. It is therefore ORDERED, ADJUDGED and DECREED that the trial court’s judgment below be modified to reflect that Appellant was found guilty of deadly conduct under Texas Penal Code Section 22.05(b) instead of aggravated assault against a public servant; and as modified, the trial court’s judgment is affirmed; and that this decision be certified to the trial court below for observance.” WHEREAS, WE COMMAND YOU to observe the order of our said Court of Appeals for the Twelfth Court of Appeals District of Texas in this behalf, and in all things have it duly recognized, obeyed, and executed. WITNESS, THE HONORABLE JAMES T. WORTHEN, Chief Justice of our Court of Appeals for the Twelfth Court of Appeals District, with the Seal thereof affixed, at the City of Tyler, this the 27th day of October, 2015. PAM ESTES, CLERK By: _______________________________ Chief Deputy Clerk