COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

RUSSELL TERRY McELVAIN, § No. 08-11-00170-CR Appellant, § Appeal from the v. § Criminal District Court Number Two THE STATE OF TEXAS, § of Tarrant County, Texas Appellee. § (TC# 1227000D) § JUDGMENT The Court has considered this cause on the record and concludes there was no error in the judgment. We therefore affirm the judgment of the court below. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 10TH DAY OF JULY, 2013.

GUADALUPE RIVERA, Justice Before McClure, C.J., Rivera, and Antcliff, JJ.

Antcliff, J., not participating