Court of Appeals Sixth Appellate District of Texas JUDGMENT

Mark Allen McDaniel, Appellant Appeal from the 336th District Court of Fannin County, Texas (Tr. Ct. No. CR-10- No. 06-11-00171-CR v. 23446). Opinion delivered by Justice Moseley, Chief Justice Morriss and Justice The State of Texas, Appellee Carter participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court below. We affirm the judgment of the trial court.

We note that the appellant, Mark Allen McDaniel, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED DECEMBER 18, 2012 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk