Gary Carson v. State

Opinion

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. 14F0102-

No. 06-15-00170-CR v. 102). Opinion delivered by Justice Moseley, Chief Justice Morriss and Justice Burgess The State of Texas, Appellee 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