Court of Appeals Sixth Appellate District of Texas JUDGMENT

James Henry Elrod, III, Appellant Appeal from the 6th District Court of Lamar County, Texas (Tr. Ct. No. 29422).

No. 06-22-00131-CR v. Memorandum Opinion delivered by Justice van Cleef, Chief Justice Stevens and Justice The State of Texas, Appellee Rambin 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 the statute for the offense is “Texas Penal Code, Sections 31.07 and 12.425(b).” As modified, the judgment of the trial court is affirmed.

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

RENDERED JULY 12, 2023 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk