Affirmed as Modified and Memorandum Majority and Dissenting Opinions filed August 31, 2023.

In The Fourteenth Court of Appeals ____________ NO. 14-22-00593-CR ____________ DUSTIN SHEA KOKENES, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 155th District Court Austin County, Texas Trial Court Cause No. 2020R-0022 MEMORANDUM DISSENTING OPINION I dissent based on the reasons discussed in Rhodes v. State, No. 14-22-00398-CR (Tex. App.—Houston [14th Dist.] Aug. 31, 2023, no pet. h.).

/s/ Charles A. Spain Justice

Panel consists of Justices Wise, Bourliot, and Spain (Bourliot, J., concurring without opinion; Spain, J., dissenting).

Do Not Publish — Tex. R. App. P. 47.2(b).