TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED NOVEMBER 15, 2013

NO. 03-13-00140-CR

Benjamin Louis Labahn, Appellant v. The State of Texas, Appellee

APPEAL FROM THE 277TH DISTRICT COURT OF WILLIAMSON COUNTY BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON AND FIELD MODIFIED AND, AS MODIFIED, AFFIRMED -- OPINION BY CHIEF JUSTICE JONES

THIS CAUSE came on to be heard on the record of the court below, and the same being considered, it is the opinion of this Court that there was error in the trial court’s judgment revoking community supervision, but that such error does not require the judgment be reversed: IT IS THEREFORE considered, adjudged and ordered that the judgment of the trial court is modified to delete “8 years TDCJ” as the “Terms of Plea Agreement” and to instead reflect that the “Terms of Plea Agreement” are “Not Applicable.” As so modified, the trial court’s judgment revoking community supervision is affirmed. It FURTHER appearing to the Court that the appellant is indigent and unable to pay costs, that no adjudication as to costs is made; and that this decision be certified below for observance.