Court of Appeals Sixth Appellate District of Texas JUDGMENT

Ben Cannon Wherry, Appellant Appeal from the 4th District Court of Rusk County, Texas (Tr. Ct. No. CR17-313).

No. 06-19-00032-CR v. Memorandum Opinion delivered by Justice Stevens, 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 reflect that appellant was convicted of a state jail felony. As modified, the judgment of the trial court is affirmed.

We further order that the appellant, Ben Cannon Wherry, pay all costs of this appeal.

RENDERED OCTOBER 4, 2019 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk