Armando Luna, Jr. v. The State of Texas Appeal from Criminal District Court No. 5 of Dallas County (memorandum opinion by chief justice mcclure)

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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § ARMANDO LUNA, JR., No. 08-14-00036-CR § Appellant, Appeal from § v. Criminal District Court No. 5 § THE STATE OF TEXAS, of Dallas County, Texas § Appellee. (TC # F-1162421-L) § MEMORANDUM OPINION Armando Luna, Jr. appeals his conviction of kidnapping, enhanced with a prior felony conviction. Following a contested hearing on the State’s motion to proceed with adjudication of guilt, the trial court found that Appellant had violated the terms and conditions of deferred adjudication community supervision and granted the State’s motion. The trial court adjudicated Appellant guilty and assessed his punishment at imprisonment for twenty 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. February 13, 2015 ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rodriguez, J., and Barajas, C.J., (Senior Judge) (Barajas, C.J., Senior Judge, sitting by assignment, not participating) (Do Not Publish) -2-

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