James Cunningham v. State

Court of Appeals Sixth Appellate District of Texas

JUDGMENT James Cunningham, Appellant Appeal from the 85th District Court of

Brazos County, Texas (Tr. Ct. No. 14- No. 06-15-00129-CR v. 04342-CRF-85). Memorandum Opinion delivered by Justice Moseley, Chief Justice The State of Texas, Appellee Morriss 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 judgment to reflect the proper degree of offense as that of a third degree felony, with the punishment range enhanced to that of a second degree felony. As modified, the judgment of the trial court is affirmed.

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

RENDERED SEPTEMBER 27, 2016 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk