Court of Appeals
Sixth Appellate District of Texas
JUDGMENT
Gary Carson, Appellant Appeal from the 102nd District Court of
Bowie County, Texas (Tr. Ct. No. 15F0536-
No. 06-15-00173-CR v. 102). Memorandum Opinion delivered by
Justice Moseley, Chief Justice Morriss and
The State of Texas, Appellee Justice Burgess participating. Dissenting
Opinion by Justice Burgess.
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 affirm the judgment of the trial court as it relates to the
conviction. We reverse the trial court’s sentence and remand the cause for a new sentencing
hearing.
We further order that the appellee, The State of Texas, pay all costs of this appeal.
RENDERED JANUARY 31, 2017
BY ORDER OF THE COURT
JOSH R. MORRISS, III
CHIEF JUSTICE
ATTEST:
Debra K. Autrey, Clerk