Case Information

*0 FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/9/2015 5:07:00 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-14-00240-cr FIRST COURT OF APPEALS HOUSTON, TEXAS 1/9/2015 5:07:00 PM CHRISTOPHER PRINE CLERK No. 01-14-00240-CR

In the

COURT OF APPEALS

For the

FIRST SUPREME JUDICIAL DISTRICT

at Houston

______________________________________

On Appeal from the 240th Judicial District Court of

Fort Bend County, Texas

Cause Number 10-DCR-055898

______________________________________

SEAN MICHAEL MCGUIRE, Appellant

v.

THE STATE OF TEXAS, Appellee

_____________________________________

APPELLANT’S MOTION TO EXCEED WORD COUNT

______________________________

TO THE HONORABLE JUSTICES OF THE FIRST COURT OF

APPEALS:

COMES NOW, Sean Michael McGuire, Appellant herein, by and through

his attorney of record, Kristen Jernigan, and files this, his Motion to Exceed Word

Count. In support of said motion, Appellant would show the Court the following:

1. Contemporaneous with this filing, the undersigned filed Appellant’s

brief in this case which consists of 16,240 words. The trial in this case lasted almost two weeks and the record is at least

twenty-seven volumes. Appellant was convicted of the offense of murder. This

case involved extensive legal research into complex legal issues such as an illegal

blood draw in violation of Missouri v. McNeely , 133 S.Ct. 1522 (2013) and the

Court of Criminal Appeals’ recent decision in The State of Texas v. Villarreal , No.

PD-0306-14, delivered on November 26, 2014.

3. In addition, Appellant raised eight points of error. Two of those

points of error involve pre-trial matters which were extensively litigated including

a challenge to the indictment and a motion for change of venue. Appellant’s

other points of error challenge the sufficiency of the evidence, the chain of custody

and admissibility of a blood vial, a warrantless blood draw in violation of Missouri

v. McNeely , 133 S.Ct. 1522 (2013), the validity of a conviction used to enhance

Appellant’s punishment, the lack of affirmative links to tie Appellant to two prior

convictions at the guilt or innocence phase of trial, and the bias of a seated juror. It was necessary for the undersigned to exceed the word count to

sufficiently address the errors that occurred at trial. The undersigned has never

before filed a motion to exceed the word count in any Court of Appeal.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Appellant respectfully

requests that this Court grant his Motion to Exceed Word Count.

Respectfully submitted, _______/s/__Kristen Jernigan______ KRISTEN JERNIGAN State Bar Number 90001898 207 S. Austin Ave.

Georgetown, Texas 78626 (512) 904-0123 (512) 931-3650 (fax) Kristen@txcrimapp.com *3 CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the

foregoing Appellant’s Motion to Exceed Word Count has been mailed to the Fort

Bend County District Attorney’s Office, 301 Jackson, Richmond, Texas 77469, on

January 9, 2015.

__/s/ Kristen Jernigan__________________ Kristen Jernigan

2