In The Court of Appeals Sixth Appellate District of Texas at Texarkana ______________________________ No. 06-07-00162-CR ______________________________

GUNNAR ERIC AUSTIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 202nd Judicial District Court Bowie County, Texas Trial Court No. 07F0245-202

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION Gunnar Eric Austin1 has appealed from his conviction by a jury for the offense of endangering a child. See TEX . PENAL CODE ANN . § 22.041 (Vernon 2003). The jury found the enhancement paragraphs "true" and assessed Austin's punishment at five years' imprisonment, to run concurrently with his conviction for evading arrest.2 Because the issues raised in this appeal are identical to the issues raised in the companion appeal, for the reasons stated in our opinion dated this day in Austin v. State, cause number 06-07- 00161-CR, we affirm the judgment of the trial court.

Josh R. Morriss, III Chief Justice Date Submitted: November 4, 2008 Date Decided: November 18, 2008 Do Not Publish

Austin's first name as listed on the judgment is "Gunner." However, he testified at trial that the correct spelling of his first name is "Gunnar." Austin has appealed this conviction in a companion appeal before this Court in cause number 06-07-00161-CR.