Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-23-00088-CR Jose GUTIERREZ, Appellant v. The STATE of Texas, Appellee From the 290th Judicial District Court, Bexar County, Texas Trial Court No. 2021CR7124 Honorable Jennifer Peña, Judge Presiding 1 BEFORE JUSTICE RIOS, JUSTICE WATKINS, AND JUSTICE RODRIGUEZ In accordance with this court’s memorandum opinion of this date, the judgment of the trial court is REVERSED, and the cause is REMANDED to the trial court for further proceedings consistent with this court’s opinion.

SIGNED September 4, 2024.

_____________________________ Irene Rios, Justice

The Honorable Maria Teresa Herr, Visiting Judge, signed the order that is the subject of this appeal.