Opinion
No. 04-09-00044-CV
Delivered and Filed: June 3, 2009.
Appealed from the 225th Judicial District Court, Bexar County, Texas, Trial Court No. 2007-PA-02529, Honorable Charles E. Montemayor, Judge Presiding.
AFFIRMED.
Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
This is an accelerated appeal from an order terminating R.W.'s parental rights. The trial court found R.W. to be indigent but concluded that his appellate points were frivolous. See Tex. Fam. Code Ann. § 263.405(d) (Vernon 2008). R.W.'s court-appointed appellate attorney has also concluded that his appellate points are frivolous. Counsel has filed a motion to withdraw and a brief in support of that motion, stating that, in his professional opinion, the appeal is frivolous. Counsel's brief and motion meet the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex.App. 2003, no pet.) (applying Anders procedure in appeal from order terminating parental rights). Counsel sent a copy of the brief to R.W. and advised him of his right to examine the record and to file a pro se brief. R.W., however, did not file a pro se brief. After reviewing the record, we agree that R.W.'s appeal is frivolous and without merit. Therefore, we affirm the trial court's judgment terminating R.W.'s parental rights and grant counsel's motion to withdraw.
To protect the privacy of the parties in this case, we identify the children by their initials and the parents by their first names only. See Tex. Fam. Code Ann. § 109.002(d) (Vernon 2008).