Court of Appeals Sixth Appellate District of Texas JUDGMENT

Stoney Joe Capell, Appellant Appeal from the 6th District Court of Lamar County, Texas (Tr. Ct. No. 26073).

No. 06-15-00186-CR v. Memorandum Opinion delivered by Justice Burgess, 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 error in the judgment of the court below. Therefore, we reverse the trial court’s judgment and render a judgment of acquittal.

We further order that the appellee, The State of Texas, pay all costs of this appeal.

RENDERED JULY 7, 2016 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk