Court of Appeals Sixth Appellate District of Texas JUDGMENT

Kory Allen Battiest, Appellant Appeal from the 6th District Court of Lamar County, Texas (Tr. Ct. No. 28050).

No. 06-19-00094-CR v. Memorandum Opinion delivered by Chief Justice Morriss, Justice Burgess and Justice The State of Texas, Appellee Stevens 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 pled true to the State’s enhancement allegation and that the jury found the enhancement allegation true. As modified, the judgment of the trial court is affirmed.

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

RENDERED OCTOBER 10, 2019 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk