Opinion
No. 04-08-00740-CV
Delivered and Filed: January 28, 2009.
Appealed from the 37th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-PA-00614, Honorable Charles E. Montemayor, Judge Presiding.
AFFIRMED.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.
MEMORANDUM OPINION
Crystal G. seeks to appeal the trial court's termination of her parental rights to her minor children, S.M., D.R.H., and H.H., and challenges the trial court's finding that her appeal is frivolous. See Tex. Fam. Code Ann. § 263.405(d)(3), (g) (Vernon Supp. 2008). Crystal's court-appointed appellate attorney has filed a brief representing that he has conducted a professional evaluation of the record and determined the appellate points are without merit. Counsel concludes the appeal is frivolous. The brief meets the requirement 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, order) (applying Anders procedure to appeals from orders terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex.App.-San Antonio Sept. 10, 2003, no pet.). In compliance with the procedure in Anders, counsel delivered a copy of counsel's brief to Crystal, who was advised of her right to examine the record and to file her own pro se brief if she disagreed with counsel's determination regarding the merits of the appeal. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex.App.-San Antonio 1997, no pet.). No pro se brief was filed. Crystal's attorney has also filed a motion to withdraw.
To protect the privacy of the parties in this case, we identify the children by their initials and the children's mother by her first name only. See Tex. Fam. Code Ann. § 109.002(d) (Vernon 2002).
We have reviewed the record on appeal and counsel's brief, and we agree that the appellate points do not present a substantial question for appellate review, and are therefore frivolous. See Tex. Civ. Prac. Rem. Code Ann. § 13.003(b) (Vernon 2002); see also Tex. Fam. Code Ann. § 263.405(d)(3) (incorporating section 13.003(b) by reference). Accordingly, we affirm the trial court's judgment, and grant appellate counsel's motion to withdraw. Nichols, 954 S.W.2d at 85-86.