Jesse Castanuela v. State

Opinion

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

§

JESSE CASTANUELA, § No. 08-13-00040-CR Appellant,

§ Appeal from v.

§ Criminal District Court Four THE STATE OF TEXAS, § of Tarrant County, Texas Appellee.

§ (TC # 1255123D)

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,

2

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 (Do Not Publish)