Jerry Don Whatley v. State

Opinion

Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Jerry Don Whatley, Appellant Appeal from the 294th District Court of Van Zandt County, Texas (Tr. Ct. No. No. 06-12-00117-CR v. CR05-00442). Opinion delivered by Justice Carter, Chief Justice Morriss and The State of Texas, Appellee Justice Moseley 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 by deleting the order that Whatley pay $3,249.00 in attorney fees. As modified, the judgment of the trial court is affirmed. We note that the appellant, Jerry Don Whatley, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED DECEMBER 30, 2014 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey, Clerk