Opinion
No. 06-12-00035-CV
07-02-2012
IN THE INTEREST OF A.A.A. & S.S., CHILDREN
On Appeal from the 124th Judicial District Court
Gregg County, Texas
Trial Court No. 2011-404-B
Before Morriss, C.J., Carter and Moseley, JJ.
Memorandum Opinion by Justice Carter
MEMORANDUM OPINION
Indigent Mother's parental rights to A.A.A. and S.S. were terminated. She is represented on appeal by court-appointed counsel who has filed a brief in accordance with the requirements of Anders v. California, 386 U.S. 738, 741-44 (1967). Counsel has concluded that after a thorough review of the record, this appeal is frivolous and without merit.
To protect the privacy of A.A.A. and S.S., we will refer to the biological mother as Mother.
We have previously held that Anders applies to an appeal from a termination of parental rights. In re P.M.H., No. 06-10-00008-CV, 2010 WL 1794390, at *1 (Tex. App.—Texarkana May 6, 2010, no pet.) (mem. op.).
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The Anders brief filed by Mother's counsel presents a professional evaluation of the record demonstrating why there are no arguable grounds for reversal. Counsel has established that she provided Mother with a copy of the Anders brief and notified her of her right to file a pro se response. Counsel's brief meets the requirements of Anders by providing a professional evaluation of the record and advancing a contention of possible error which might arguably support the appeal. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978).
However, Mother has filed a pro se response claiming that her trial counsel "did very little to help me, if anything at all." Mother complained that she personally met with counsel only three times; counsel "never responded to my letter or returned any of my phone calls" during her incarceration; counsel "didn't even have notes prepared for my case," and "just winged it as the trial went along." We interpret these complaints as allegations of ineffective assistance of counsel. Mother presents no argument or legal authority in support of her general claims of ineffective assistance, and thus has failed to adequately brief these claims. TEX. R. APP. P. 38.1(i).
Having thoroughly reviewed the record and counsel's brief, we agree with counsel's assessment that the appeal is frivolous and without merit. We find nothing in the record that could arguably support the appeal. We affirm the trial court's final order terminating Mother's parental rights to A.A.A. and S.S., and we grant counsel's motion to withdraw.
Jack Carter
Justice