Manuel Luz Aleman v. State

IN THE
TENTH COURT OF APPEALS
No. 10-14-00126-CR
MANUEL LUZ ALEMAN,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 54th District Court
McLennan County, Texas
Trial Court No. 2013-1252-C2
MEMORANDUM OPINION
Appellant Manuel Luz Aleman entered an open plea of guilty to the offense of
possession of a controlled substance, namely, cocaine, in an amount of one gram or
more, but less than four grams. A jury assessed his punishment, enhanced by a prior
felony conviction, at twelve years’ imprisonment. Aleman appealed.
Aleman’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, Aleman 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 motion to withdraw from representation of
Aleman. Notwithstanding this grant, appointed counsel must send Aleman 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
Affirmed
Opinion delivered and filed October 16, 2014
Do not publish
[CR25]
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