Court of Appeals Sixth Appellate District of Texas JUDGMENT

Fortino Gregorio-Ochoa, Appellant Appeal from the 114th District Court of Smith County, Texas (Tr. Ct. No. 114- No. 06-12-00161-CR v. 1266-10). Opinion delivered by Chief Justice Morriss, Justice Carter and Justice The State of Texas, Appellee 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 further order that the appellant, Fortino Gregorio-Ochoa, pay all costs of this appeal.

RENDERED FEBRUARY 20, 2013 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk