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In re M.N.B.

Court of Appeals of Texas, Fourth District, San Antonio
Oct 5, 2022
No. 04-22-00393-CV (Tex. App. Oct. 5, 2022)

Opinion

04-22-00393-CV

10-05-2022

IN THE INTEREST OF M.N.B.


From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2021PA00596 Honorable Mary Lou Alvarez, Judge Presiding

Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice, Liza A. Rodriguez, Justice

MEMORANDUM OPINION

Liza A. Rodriguez, Justice

Mother appeals the trial court's order terminating her parental rights to her four-year-old daughter M.N.B. Mother's court-appointed counsel filed a motion to withdraw and a brief representing that he conducted a professional evaluation of the record and determined there are no arguable grounds to be raised on appeal. The brief satisfies the requirements of Anders v. California, 386 U.S. 738 (1967). See In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (recognizing Anders procedure applies in parental termination appeals). Counsel also certified that he sent a copy of the brief and the motion to withdraw to Mother, informed her of the right to review the record and file her own brief, and provided Mother with a form motion to request access to the record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In re A.L.H., No. 04-18-00153-CV, 2018 WL 3861695, at *2 (Tex. App.-San Antonio Aug. 15, 2018, no pet.). Mother did not file a pro se brief.

To protect the identity of the minor child, we refer to the parties by fictitious names, initials, or aliases. See Tex. Fam. Code § 109.002(d); Tex.R.App.P. 9.8(b)(2).

After reviewing the record and counsel's brief, we agree that there are no meritorious issues to be raised and the appeal is frivolous. Accordingly, we affirm the trial court's order terminating mother's parental rights. We deny counsel's motion to withdraw because he does not assert any ground for withdrawal other than his conclusion that the appeal is frivolous. Counsel's duty to his client extends through exhaustion or waiver of all appeals, including the filing of a petition for review in the Texas Supreme Court. See In re P.M., 520 S.W.3d at 27-28.


Summaries of

In re M.N.B.

Court of Appeals of Texas, Fourth District, San Antonio
Oct 5, 2022
No. 04-22-00393-CV (Tex. App. Oct. 5, 2022)
Case details for

In re M.N.B.

Case Details

Full title:IN THE INTEREST OF M.N.B.

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Oct 5, 2022

Citations

No. 04-22-00393-CV (Tex. App. Oct. 5, 2022)