Manuel Wayne Hogan v. State

• Court: Court of Appeals of Texas
• Decided: September 16, 2016
• Docket: 12-16-00062-CR
• Status: Published

Opinion

ACCEPTED 12-16-00062-CR TWELFTH COURT OF APPEALS TYLER, TEXAS 9/16/2016 2:07:58 PM Pam Estes CLERK

NO. 12-16-00062-CR

STATE OF TEXAS § IN THE TWELFTHFILED IN § 12th COURT OF APPEALS TYLER, TEXAS VS. § COURT OF APPEALS 9/16/2016 2:07:58 PM § PAM ESTES MANUEL WAYNE HOGAN § TYLER, TEXAS Clerk

NOEL D. COOPER'S MOTION TO WITHDRAW AS COUNSEL

Noel D. Cooper, attorney for Appellant, asks the Court's permission to

withdraw as counsel in this appeal.

A. Introduction

1. Appellant is Manuel Wayne Hogan; Appellee is the State of

Texas.

2. Noel D. Cooper is presently lead counsel for Appellant in this

appeal.

B. Argument & Authorities

3. The Court may permit an attorney to withdraw as counsel on

appeal. TEX. R. APP. P. 6.5. Noel D. Cooper was court appointed to

represent Appellant on appeal from his convictions in Nacogdoches County,

Texas. After researching the issues and applying the law to the facts

contained in the record, Noel D. Cooper has filed an Anders brief.

4. The list of all the current deadlines and settings in this case is as

follows:

-1-  Appellant’s pro se brief is likely due on or before October 17, 2016. TEX. R. APP. P. 6.5(a)(1).

5. Noel D. Cooper sent a copy of this motion, including the list of

all deadlines and settings, to Appellant. TEX. R. APP. P. 6.5(a)(3), (b). The

motion was mailed to Appellant, by both certified and first-class mail, to his

last known address.

6. Noel D. Cooper informed Appellant in writing of his rights to

object to this motion. TEX. R. APP. P. 6.5(a)(4).

7. Appellant's last known address and telephone number are the

following:

MANUEL WAYNE HOGAN TDCJ-ID # 02050068 Holliday Unit 295 IH-45 North Huntsville, TX 77320-8443

TEX. R. APP. P. 6.5(a)(2).

C. Conclusion

8. Noel D. Cooper has filed an Anders brief. Noel D. Cooper does

not believe that there are any meritorious issues on which to base and

appeal and now requests permission to withdraw.

D. Prayer

-2- 9. For these reasons, Noel D. Cooper asks the Court to grant this

motion and permit him to withdraw as counsel in this appeal.

Respectfully submitted,

/s/Noel D. Cooper Noel D. Cooper Texas Bar No. 00796397 LAW OFFICES OF NOEL D. COOPER 117 North St., Suite 2 Nacogdoches, Texas 75961 Telephone: (936) 564-9000 Telecopier: (936) 715-6022 ATTORNEY FOR APPELLANT, MANUEL WAYNE HOGAN

CERTIFICATE OF COMPLIANCE Pursuant to TEX. R. APP. P. 9.4(i)(3), I certify that this document is

computer generated and contains 296 words based on a computer word

count.

/s/Noel D. Cooper Noel D. Cooper

-3- CERTIFICATE OF SERVICE

I certify that I delivered a copy of this Motion to Withdraw as Counsel

to each attorney of record or party in accordance with the Texas Rules of

Appellate Procedure on September 16, 2016, at the addresses and manners

below.

Nicole LoStracco State Bar No. 00792906 Nacogdoches County District Attorney 101 W. Main, Suite 250 Nacogdoches, Texas 75961 Telephone: (936) 560-7766 Fax: (936) 560-6036 Email:nlostracco@co.nacogdoches.tx.us Via Electronic Service

MANUEL WAYNE HOGAN TDCJ-ID # 02050068 Holliday Unit 295 IH-45 North Huntsville, TX 77320-8443 Via First Class Mail and CMRRR

/s/Noel D. Cooper Noel D. Cooper Attorney for Manuel Wayne Hogan

-4-