Opinion
No. 04-14-00349-CV
10-22-2014
IN THE INTEREST OF C.D., a Child
MEMORANDUM OPINION
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 13-08-21978-CV
The Honorable Cathy O. Morris, Judge Presiding
Opinion by: Rebeca C. Martinez, Justice Sitting: Catherine Stone, Chief Justice Sandee Bryan Marion, Justice Rebeca C. Martinez, Justice AFFIRMED
This is an appeal from the trial court's order terminating appellant's parental rights to C.D. Appellant's court-appointed attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes the appeal is without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio May 21, 2003, no pet.) (applying Anders procedure in appeal from termination of parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.—San Antonio Sept. 10, 2003, no pet.) (mem. op.). Counsel certified that a copy of the brief was delivered to appellant who was advised of his right to review the record and to file a pro se brief. Appellate counsel provided appellant with a form motion for requesting the record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). Appellant has not requested the record or filed a brief.
After reviewing the record and counsel's brief, we agree that the appeal is frivolous and without merit. The trial court's order is affirmed, and counsel's motion to withdraw is granted. Nichols v. State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).
Rebeca C. Martinez, Justice