Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-11-00749-CR Daniel Maurice SMALLWOOD, Appellant v. The STATE of Texas, Appellee From the 198th Judicial District Court, Kerr County, Texas Trial Court No. B10-711 Honorable M. Rex Emerson, Judge Presiding BEFORE JUSTICE ANGELINI, JUSTICE ALVAREZ, AND JUSTICE CHAPA In accordance with this court’s opinion of this date, the trial court’s judgment is AFFIRMED. Appellant Daniel Maurice Smallwood’s Motion for Rehearing is DENIED and his Motion for En Banc Reconsideration is DENIED AS MOOT.

SIGNED August 28, 2013.

_____________________________ Patricia O. Alvarez, Justice