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

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.’