COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS ' GARY WHIDDON, No. 08-11-00188-CR ' Appellant, Appeal from ' v. 109th District Court ' THE STATE OF TEXAS, of Andrews County, Texas ' Appellee. ' (TC #5669)

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 27TH DAY OF FEBRUARY, 2013.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rivera, and Antcliff, JJ.

Antcliff, J., not participating