Matthew Wayne Manning v. State

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-16-00082-CR Matthew Wayne Manning, Appellant v. The State of Texas, Appellee

FROM THE DISTRICT COURT OF BURNET COUNTY, 33RD JUDICIAL DISTRICT

NO. 44475, HONORABLE J. ALLAN GARRETT, JUDGE PRESIDING

MEMORANDUM OPINION Appellant Matthew Wayne Manning pled guilty to third-degree organized retail theft between $1,500 and $20,000, and the jury sentenced him to fifteen years’ imprisonment. See Tex. Penal Code § 31.16(b), (c)(4). Appellant’s appointed attorney has filed a motion to withdraw supported by a brief concluding that the appeal is frivolous and without merit.

Counsel’s brief meets the requirements of Anders v. California, 386 U.S. 738, 743-44 (1967), by presenting a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. See Penson v. Ohio, 488 U.S. 75, 80 (1988); Anders, 386 U.S. at 743-44; Kelly v. State, 436 S.W.3d 313, 318-19 (Tex. Crim. App. 2014). Appellant’s attorney has represented to the Court that he provided copies of the motion and brief to appellant; advised appellant of his right to examine the appellate record, file a pro se brief, and pursue discretionary review following the resolution of the appeal in this Court; and provided appellant with a form motion for pro se access to the appellate record and the Court’s mailing address. See Kelly, 436 S.W.3d at 319-21. No pro se brief has been filed.

We have independently reviewed the record, including the evidence presented to the jury and the procedures that were observed, and have found nothing that might arguably support the appeal. See Anders, 386 U.S. at 744; Garner v. State, 300 S.W.3d 763, 766-67 (Tex. Crim. App. 2009. We agree with counsel that the appeal is frivolous and without merit. We grant counsel’s motion to withdraw and affirm the judgment of conviction.1

__________________________________________ David Puryear, Justice

Before Justices Puryear, Goodwin, and Bourland Affirmed Filed: July 28, 2016 Do Not Publish