Court of Appeals Sixth Appellate District of Texas JUDGMENT

Benjamin Chase Capps, Appellant Appeal from the 188th District Court of Gregg County, Texas (Tr. Ct. No. 39504- No. 06-12-00055-CR v. A). Memorandum Opinion delivered by Justice Carter, Chief Justice Morriss and The State of Texas, Appellee Justice Moseley 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, Benjamin Chase Capps, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MARCH 15, 2013 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk