Noah Manuere, Appellant v. The State of Texas, Appellee

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Court of Appeals of Texas, Waco.

Noah Manuere, Appellant v. The State of Texas, Appellee

No. 10–14–00123–CR

Decided: January 15, 2015

Before Chief Justice Gray, Justice Davis, and Justice Scoggins

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

(Chief Justice Gray concurs with a note)*