Court of Appeals Sixth Appellate District of Texas JUDGMENT

Eber Castro Morales, Appellant Appeal from the 188th District Court of Gregg County, Texas (Tr. Ct. No. 45158-A).

No. 06-16-00071-CR v. Memorandum Opinion delivered by Justice Moseley, Chief Justice Morriss 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 remove the language referencing Article 42.017. As modified, the judgment of the trial court is affirmed.

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

RENDERED FEBRUARY 1, 2017 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk