Jesse Castanuela v. The State of Texas Appeal from Crim Dist Ct 4 of Tarrant County (memorandum opinion by chief justice mcclure)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § JESSE CASTANUELA, § No. 08-13-00040-CV § Appeal from § Criminal District Court Four § of Tarrant County, Texas § (TC # 1255123D) Appellant, v. THE STATE OF TEXAS, Appellee. MEMORANDUM OPINION Jesse Castanuela appeals his conviction of robbery, enhanced as a habitual offender. A jury found Appellant guilty, found the habitual offender enhancement paragraph true based on Appellant s plea of true, and assessed his punishment at imprisonment for a term of fifty years. We affirm. FRIVOLOUS APPEAL Appellant s court-appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by advancing contentions which counsel says might arguably support the appeal. See High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684 (Tex.Crim.App. 1974); Pena v. State, 932 S.W.2d 31 (Tex.App.--El Paso 1995, no pet.). A copy of counsel s brief has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. Appellant has not filed a pro se brief. We have carefully reviewed the record and counsel s brief, and agree that the appeal is wholly frivolous and without merit. Further, we find nothing in the record that might arguably support the appeal. The judgment is affirmed. August 21, 2014 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ. (Do Not Publish) -2-

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