Opinion
04-22-00512-CV
10-21-2022
IN THE INTEREST OF M.S.M., K.C.M., AND C.C.M.
From the 198th Judicial District Court, Bandera County, Texas Trial Court No. CVPC-21-0000251 Honorable Dennis Powell, Judge Presiding
ORDER
PER CURIAM
Appellant W.M. appeals the trial court's termination of his parental rights. Appellant W.M.'s court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which she asserts there are no meritorious issues to raise on appeal. We have held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill her ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.-San Antonio 2003, no pet.); see In re P.M., 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (applying Anders procedures in appeal from order terminating parental rights). In compliance with the procedure set out in Anders, appellant's attorney has shown that she sent a letter to appellant, which explained his right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (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.); In re R.R., 2003 WL 21157944, at *4. In the letter to Appellant W.M., counsel stated that she had enclosed copies of the brief and motion to withdraw. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4.
Counsel's letter also advised Appellant W.M. that if he wished to review the appellate record, he must file a motion in this court. Counsel also enclosed a form motion for this purpose. See Kelly, 436 S.W.3d at 313; In re A.L.H., 2018 WL 3861695, at *2; In re R.R., 2003 WL 21157944, at *4. If Appellant W.M. wishes to access the appellate record, he must file his motion in this Court on or before October 31, 2022.
Further, if Appellant W.M. desires to file a pro se brief, we ORDER that he do so on or before November 10, 2022. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant's pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant's counsel, to be HELD IN ABEYANCE pending further order of the court.
It is so ORDERED