Court of Appeals Sixth Appellate District of Texas JUDGMENT

Brian Anthony Preciado, Appellant Appeal from the 71st District Court of Harrison County, Texas (Tr. Ct. No. 11- No. 06-16-00081-CR v. 0045X). Memorandum Opinion delivered by Justice Moseley, Chief Justice Morriss The State of Texas, Appellee and Justice 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 nunc pro tunc judgment by deleting the assessment of attorney fees. As modified, the judgment of the trial court is affirmed.

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

RENDERED JULY 25, 2016 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk