Court of Appeals Sixth Appellate District of Texas JUDGMENT

Dalton Dale Rogers, Appellant Appeal from the 115th District Court of Upshur County, Texas (Tr. Ct. No. 19156).

No. 06-23-00054-CR v. Memorandum Opinion delivered by Justice Rambin, Chief Justice Stevens and Justice The State of Texas, Appellee van Cleef 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 judgment of conviction to reflect that Dalton Dale Rogers was convicted of a second-degree felony. As modified, we affirm the trial court’s judgment.

We note that the appellant, Dalton Dale Rogers, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED NOVEMBER 15, 2023 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk