Court of Appeals
Sixth Appellate District of Texas
JUDGMENT
James Cunningham, Appellant Appeal from the 85th District Court of
Brazos County, Texas (Tr. Ct. No. 14-
No. 06-15-00129-CR v. 04342-CRF-85). Memorandum Opinion
delivered by Justice Moseley, Chief Justice
The State of Texas, Appellee Morriss and Justice Burgess 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 the proper degree of
offense as that of a third degree felony, with the punishment range enhanced to that of a second
degree felony. As modified, the judgment of the trial court is affirmed.
We note that the appellant, James Cunningham, has adequately indicated his inability to
pay costs of appeal. Therefore, we waive payment of costs.
RENDERED SEPTEMBER 27, 2016
BY ORDER OF THE COURT
JOSH R. MORRISS, III
CHIEF JUSTICE
ATTEST:
Debra K. Autrey, Clerk