Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-12-00408-CR Jose A. ESCALANTE, Appellant v. The STATE of Texas, Appellee From the 379th Judicial District Court, Bexar County, Texas Trial Court No. 2009CR11013 Honorable Pat Priest, Judge Presiding BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARTINEZ In accordance with this court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Kimberly Dufour Gardner’s motion to withdraw is GRANTED.

SIGNED June 12, 2013.

_____________________________ Karen Angelini, Justice