TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MARCH 27, 2014

NO. 03-12-00482-CR

Melvin Auston, Appellant v. The State of Texas, Appellee

APPEAL FROM 390TH DISTRICT COURT OF TRAVIS COUNTY BEFORE CHIEF JUSTICE JONES, JUSTICES PEMBERTON AND FIELD MODIFIED AND, AS MODIFIED, AFFIRMED -- OPINION BY JUSTICE FIELD

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed the record and the parties’ arguments, the Court holds that there was no error in the court’s judgment requiring reversal. Therefore, the Court affirms the trial court’s judgment. However, there was error in the judgment and sentence that requires correction. Therefore, the Court modifies the trial court’s judgment to delete the deadly-weapon finding. The judgment of conviction, as modified, is affirmed. Because appellant is indigent and unable to pay costs, no adjudication of costs is made.