Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-12-00359-CR Herbert MORGAN Jr., Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2011CR5077 Honorable Pat Priest, Judge Presiding BEFORE CHIEF JUSTICE STONE, JUSTICE MARION, AND JUSTICE ALVAREZ In accordance with this court’s opinion of this date, the trial court’s judgment is MODIFIED to eliminate the assessment of attorney’s fees. The trial court’s judgment is AFFIRMED AS MODIFIED.

SIGNED December 31, 2013.

_____________________________ Patricia O. Alvarez, Justice