IN THE TENTH COURT OF APPEALS No. 10-23-00001-CR WILLIAM MARTIN SWINNER, Appellant v. THE STATE OF TEXAS, Appellee

From the 87th District Court Leon County, Texas Trial Court No. 22-0029CR

CONCURRING OPINION To the extent the Court’s opinion purports to modify the Bill of Costs, I respectfully disagree because I have not found the Court’s authority to do so. See Carnley v. State, No. 10-21-00104-CR, 2023 Tex. App. Lexis 8896, *18-22 (Tex. App.—Waco Nov. 30, 2023) (publish) (Gray, C.J., dissenting). However, because this error does not impact the Court’s judgment, I concur therein.

TOM GRAY Chief Justice Concurring opinion delivered and filed December 14, 2023