Court of Appeals Sixth Appellate District of Texas JUDGMENT

Ray Charles Hawkins, Appellant Appeal from the 7th District Court of Smith County, Texas (Tr. Ct. No. 007-1533-17).

No. 06-18-00123-CR v. Memorandum Opinion delivered by Chief Justice Morriss, Justice Burgess and Justice The State of Texas, Appellee Moseley* participating. *Justice Moseley, Retired, Sitting by Assignment.

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 level of offense as a third-degree felony, with the punishment range enhanced to the level of a second- degree felony. As modified, the judgment of the trial court is affirmed.

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

RENDERED JANUARY 9, 2019 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk