Court of Appeals Sixth Appellate District of Texas JUDGMENT

James Schwing, Appellant Appeal from the 207th District Court of Comal County, Texas (Tr. Ct. No. CR2014- No. 06-15-00162-CR v. 385). Opinion delivered by Chief Justice Morriss, Justice Moseley and Justice The State of Texas, Appellee Burgess 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 to reflect that Schwing pled true to only the second enhancement allegation. As modified, the judgment of the trial court is affirmed.

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

RENDERED APRIL 20, 2016 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk