Court of Appeals Sixth Appellate District of Texas JUDGMENT

Richard Riley Starr, Appellant Appeal from the 4th District Court of Rusk County, Texas (Tr. Ct. No. CR13-218).

No. 06-13-00260-CR v. Memorandum 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 by deleting the assessment of attorney’s fees against Richard Riley Starr. As modified, the judgment of the trial court is affirmed.

We note that the appellant, Richard Riley Starr, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MAY 21, 2014 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk