Opinion
No. 04-06-00089-CV
Delivered and Filed: August 30, 2006.
Appeal from the 38th Judicial District Court, Medina County, Texas, Trial Court No. 04-08-17047-CV, Honorable Camile G. Dubose, Judge Presiding.
Motion to Withdraw Granted; Affirmed.
Sitting: Sarah B. DUNCAN, Justice, Karen ANGELINI, Justice, Sandee Bryan MARION, Justice.
MEMORANDUM OPINION
After the trial court terminated Cynthia Pitcher's parental rights to her children, R.C. and S.P., 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 Supp. 2006). Pitcher's court appointed attorney has filed a brief and motion to withdraw in which she asserts there are no meritorious issues to raise on appeal. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed.2d 493 (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). Pitcher's attorney also filed a motion to withdraw and certified that a copy of the brief and motion were sent to Pitcher. Pitcher was advised of her right to examine the record and to file a pro se brief. No pro se brief has been filed.
We have reviewed the record and counsel's brief and agree an appeal of the termination order is frivolous and without merit. We therefore affirm the trial court's judgment and grant Pitcher's attorney's motion to withdraw.