Jesse Castanuela v. State ( 2014 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
§
JESSE CASTANUELA,
§ No. 08-13-00041-CR
Appellant,
§ Appeal from
v.
§ Criminal District Court Four
THE STATE OF TEXAS,
§ of Tarrant County, Texas
Appellee.
§ (TC # 1255124D)
MEMORANDUM OPINION
Jesse Castanuela appeals his conviction of evading arrest with a vehicle, enhanced as a
habitual offender. A jury found Appellant guilty and found he used or exhibited a deadly
weapon during the commission of the offense. The jury also found the habitual offender
enhancement paragraph true based on Appellant’s plea of true and assessed his punishment at
imprisonment for a term of ninety-nine years. The trial court included an affirmative deadly
weapon finding in the judgment. 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(Do Not Publish)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-