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 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 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 W. Main, Suite 250 Nacogdoches, Texas 75961 Telephone: (936) 560-7766 Fax: (936) 560-6036 Email:[email protected] Via Electronic Service MANUEL WAYNE HOGAN TDCJ-ID # 02050068 Holliday Unit 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

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