Noah Manuere v. The State of Texas Appeal from County Court at Law of Navarro County (memorandum opinion )
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IN THE TENTH COURT OF APPEALS No. 10-14-00123-CR 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. counsel’s amended motion to withdraw from We grant appointed 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and Justice Scoggins (Chief Justice Gray concurs with a note)* Affirmed Opinion delivered and filed January 15, 2015 Do not publish [CRPM] Manuere v. State Page 2 *(Chief Justice Gray concurs in the judgment to the extent it affirms the trial court’s judgment. A separate opinion will not issue.) Manuere v. State Page 3
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