Court of Appeals Sixth Appellate District of Texas JUDGMENT

Alan Michael Rodriguez, Appellant Appeal from the 241st District Court of Smith County, Texas (Tr. Ct. No. 241- No. 06-12-00167-CR v. 0867-12). Opinion delivered by Justice Carter, Chief Justice Morriss and Justice The State of Texas, Appellee Moseley participating.

As stated in the Court’s opinion of this date, we find there was partial error in the judgment of the court below. Therefore, we modify the trial court’s judgment to reflect a total of $274.00 in court costs. As modified, the judgment of the trial court is affirmed.

We note that the appellant, Alan Michael Rodriguez, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED JANUARY 31, 2013 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk