Opinion
No. 04-05-00893-CV
Delivered and Filed: April 26, 2006.
Appeal from the 166th Judicial District Court, Bexar County, Texas, Trial Court No. 2004-PA-01611, Honorable John J. Specia, Jr., Judge Presiding.
Associate Judge Peter Sakai presided over the termination hearing and recommended termination of the parental rights. The Honorable John J. Specia, Jr. presided over the hearing on the motion for new trial and statement of appellate points and found the appellate points to be frivolous.
Affirmed.
Sitting: Alma L. LÓPEZ, Chief, Justice, Sarah B. DUNCAN, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
After the trial court terminated Niomi Hurtado's parental rights to her child, N.B., she appealed the trial court's order determining that an appeal of the termination order would be frivolous. See Tex. Fam. Code Ann. § 263.405(g) (Vernon 2002). Hurtado's court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that 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).
A copy of counsel's brief was delivered to Hurtado who was advised of her right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed, and counsel's motion to withdraw is granted.