Opinion
No. 11-10-00080-CV
Opinion filed July 8, 2010.
On Appeal from the 132nd District Court, Scurry County, Texas, Trial Court Cause No. 23200.
Panel consists of: WRIGHT, C.J., McCALL, J., and STRANGE, J.
MEMORANDUM OPINION
The trial court terminated B.H.'s parental rights to her daughter L.K.H. B.H appeals. We dismiss.
B.H.'s court-appointed counsel has filed a motion to withdraw. The motion is supported by a brief in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeal is frivolous. Counsel has provided B.H. with a copy of the brief and advised B.H. of her right to review the record and file a response to counsel's brief. A response has been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Taylor v. Tex. Dep't of Protective Regulatory Servs., 160 S.W.3d 641, 646-47 (Tex. App.-Austin 2005, pet. denied); In re D.E.S., 135 S.W.3d 326, 329 (Tex. App.-Houston [14th] 2004, no pet.); In re K.D., 127 S.W.3d 66, 67 (Tex. App.-Houston [1st] 2003, no pet.); Porter v. Tex. Dep't of Protective Regulatory Servs., 105 S.W.3d 52, 56 (Tex. App.-Corpus Christi 2003, no pet.); In re K.M., 98 S.W.3d 774, 777 (Tex. App.-Fort Worth 2003, no pet.); In re E.L.Y., 69 S.W.3d 838, 841 (Tex. App.-Waco 2002, no pet.); In re K.S.M., 61 S.W.3d 632, 634 (Tex. App.-Tyler 2001, no pet.); In re AWT, 61 S.W.3d 87, 88 (Tex. App.-Amarillo 2001, no pet.).
See also In re Schulman, 252 S.W.3d 403 (Tex. Crim. App. 2008); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); and Eaden v. State, 161 S.W.3d 173 (Tex. App.-Eastland 2005, no pet.).
B.H. argues in her pro se response that "[f]ull faith and credit was not given to [her} concerning acts that occurred in another state"; that "incorrect falsehoods" as opposed to facts have been presented to the court; that the trial court has ordered her to work forty hours a week and that constitutes cruel and unusual punishment; that she is filing for disability; that her attorney did not present her case in a favorable light; that he never gave her the opportunity to discuss her medical problems and never presented her financial situation accurately; that she currently has COPD, asthma, high blood pressure, and hepatitis C; that she is currently $30,000 to $50,000 in debt; that the trial court was not qualified and had no right to enter a finding concerning her disability; and that "irrelevant information" was used to terminate her parental rights. B.H. states that she has read the reporter's record and that it "contains incorrect and partial statements" and "does not accurately reflect" her statements. B.H. states that she graduated from college in 1996, taking five years to complete a four year degree, and that she then needed a break from college. She accuses the State of "targeting undereducated, mentally/physically ill and those who have a past history with alcohol/drugs in order to take children for the sole purpose of adoption."
When an appellant files a response to court-appointed counsel's brief in support of a motion to withdraw, the appellate court must determine if the appeal is frivolous or if arguable grounds for appeal exist. Anders, 386 U.S. at 744; see also Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005). The appeal is dismissed if the appellate court determines that the appeal is frivolous, and the appeal is remanded to the trial court for appointment of new counsel to re-brief if the appellate court determines that arguable grounds exist. Anders, 386 U.S. at 744; see Stafford, 813 S.W.2d 510.
Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeal is without merit. Appellant may file a petition for review to the Texas Supreme Court pursuant to TEX. R. APP. P. 53.
The motion to withdraw is granted, and the appeal is dismissed.