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... In two separate indictments,  Appellant was indicted for the following offenses: two counts of
felony murder, with the underlying felony of driving while intoxicated with a passenger under
15 years of age; two counts of intoxication manslaughter; and two counts of manslaughter ...
... In a single jury trial, the appellant was tried and convicted, and his punishment was assessed,
for both the offense of felony murder and the offense of aggravated robbery. ... First we must
determine whether the aggravated robbery is a lesser-included offense of the felony murder. ...
... After the state had presented its case-in-chief, appellant moved for an instructed verdict on the
felony forgery count, asserting that the state had failed to prove felony forgery because it had
not alleged or proven any of the elements necessary to make the forgery a felony rather ...