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Manuere v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Jan 15, 2015
No. 10-14-00123-CR (Tex. App. Jan. 15, 2015)

Opinion

No. 10-14-00123-CR

01-15-2015

NOAH MANUERE, Appellant v. THE STATE OF TEXAS, Appellee


From the County Court at Law Navarro County, Texas
Trial Court No. C-34902-CR

MEMORANDUM OPINION

Appellant Noah Manuere was found guilty of the offense of continuous sexual abuse of a child and received a life sentence. Appellant's appointed appellate counsel has filed a motion to withdraw and an Anders brief, asserting that he has diligently reviewed the appellate record and that, in his opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Although informed of his right to do so, Appellant did not file a pro se response to the Anders brief.

In an Anders case, we must, "after a full examination of all the proceedings, [] decide whether the case is wholly frivolous." Id. at 744, 87 S.Ct. at 1400; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n.10, 108 S.Ct. 1895, 1902 n.10, 100 L.Ed.2d 440 (1988).

We have conducted an independent review of the record, and because we find this appeal to be wholly frivolous, we affirm the judgment. We grant appointed counsel's amended motion to withdraw from representation of Appellant. Notwithstanding this grant, appointed counsel must send Appellant a copy of our decision, notify him of his right to file a pro se petition for discretionary review, and send this Court a letter certifying counsel's compliance with Texas Rule of Appellate Procedure 48.4. TEX. R. APP. P. 48.4; see also Ex parte Owens, 206 S.W.3d 670, 673-74 (Tex. Crim. App. 2006).

REX D. DAVIS

Justice
Before Chief Justice Gray, Justice Davis, and Justice Scoggins (Chief Justice Gray concurs with a note)*
Affirmed
Opinion delivered and filed January 15, 2015
Do not publish
[CRPM]

*(Chief Justice Gray concurs in the judgment to the extent it affirms the trial court's judgment. A separate opinion will not issue.)


Summaries of

Manuere v. State

STATE OF TEXAS IN THE TENTH COURT OF APPEALS
Jan 15, 2015
No. 10-14-00123-CR (Tex. App. Jan. 15, 2015)
Case details for

Manuere v. State

Case Details

Full title:NOAH MANUERE, Appellant v. THE STATE OF TEXAS, Appellee

Court:STATE OF TEXAS IN THE TENTH COURT OF APPEALS

Date published: Jan 15, 2015

Citations

No. 10-14-00123-CR (Tex. App. Jan. 15, 2015)

Citing Cases

Manuere v. State

Noah is not a party to this appeal; rather, his appeal was affirmed by this Court earlier this year. See…