Opinion
No. 04-08-00442-CV
Delivered and Filed: November 26, 2008.
Appealed from the 73rd Judicial District Court, Bexar County, Texas, Trial Court No. 2007-PA-01011, Honorable Charles E. Montemayor, Judge Presiding.
Sitting: KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice, STEVEN C. HILBIG, Justice.
MEMORANDUM OPINION
This is an accelerated appeal from an order terminating Karen Long's parental rights. The trial court found Long to be indigent but concluded that her appellate points were frivolous. See TEX. FAM. CODE ANN. § 263.405(d) (Vernon Supp. 2008). Long's court-appointed appellate attorney has also concluded that her appellate points are frivolous. Counsel has filed a motion to withdraw and a brief in support of that motion, stating that, in his professional opinion, the appeal is frivolous. Counsel's brief and motion meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex.App.-San Antonio 2003, no pet.) (applying Anders procedure in appeal from order terminating parental rights). Counsel sent a copy of his brief to Long and advised her of her right to examine the record and to file a pro se brief. Long, however, did not file a pro se brief. After reviewing the record, we agree that Long's appeal is frivolous and without merit. Therefore, we affirm the trial court's judgment terminating Long's parental rights and grant counsel's motion to withdraw.