Affirmed and Memorandum Majority and Concurring Opinions filed August 27, 2024.

In The Fourteenth Court of Appeals NO. 14-23-00583-CR DESMOND LOTT KENNARD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 177th District Court Harris County, Texas Trial Court Cause No. 1449233 MEMORANDUM CONCURRING OPINION This appeal is not about whether appellant is guilty of murder, and I write separately solely to emphasize that point.

I respectfully concur.

/s/ Charles A. Spain Chief Justice

Panel consists of Chief Justice Christopher and Justices Spain and Poissant (Christopher, C.J., majority).

Do Not Publish – Tex. R. App. P. 47.2(b).