Roy Edward Smith v. State ( 2014 )

Court of Appeals Sixth Appellate District of Texas JUDGMENT Roy Edward Smith, Appellant Appeal from the 4th District Court of Rusk County, Texas (Tr. Ct. No. CR 13-002). No. 06-13-00187-CR v. Opinion delivered by Justice Carter, Chief Justice Morriss and Justice Moseley The State of Texas, Appellee 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 delete the assessment of $400.00 for attorney’s fees. As modified, the judgment of the trial court is affirmed. We note that the appellant, Roy Edward Smith, has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs. RENDERED JUNE 6, 2014 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE ATTEST: Debra K. Autrey, Clerk