Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-13-00076-CR Phillip JACKSON, Appellant v. The STATE of Texas, Appellee From the 421st District Court, Caldwell County, Texas Trial Court No. 2012-108 The Honorable Todd Alexander Blomerth, Judge Presiding BEFORE JUSTICE ANGELINI, JUSTICE BARNARD, AND JUSTICE MARTINEZ In accordance with this court’s memorandum opinion of this date, the judgment of the trial court is MODIFIED as follows: It is ORDERED that the trial court’s judgment reflect a conviction for a third degree felony.

As modified, the judgment of the trial court is AFFIRMED.

SIGNED October 23, 2013.

_____________________________ Karen Angelini, Justice