Opinion
10-24-00333-CV
12-18-2024
IN THE INTEREST OF A.I.R.R. AND A.M.R., CHILDREN
From the 474th District Court McLennan County, Texas Trial Court No. 2023-1764-6
Before Chief Justice Gray, Justice Johnson, and Justice Smith
ORDER
PER CURIUM
On December 16, 2024, Counsel for Appellant filed a brief in this proceeding pursuant to Anders v. California, 386 U.S. 738 (1967). However, filing a brief pursuant to Anders also requires compliance with certain procedures. In our review of this brief, it appears that counsel has fulfilled some but not all of those educational burdens. See In re J.L.C., 586 S.W.3d 15 (Tex. App.-Waco 2018, order). So that this Court may comply with its duties in our Anders review, the record must be sufficient to support a determination that:
1. Counsel has provided Appellant with a copy of the Anders brief;
2. Counsel has informed Appellant of her right to file a response to the Anders brief;
3. Counsel has informed Appellant of her right to review the record in making the response and either provided a copy of the record or explained how to obtain a copy; and
4. Counsel has informed Appellant of her right to ask Counsel to file a petition for review on her behalf with the Texas Supreme Court.See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014); In re G.P., 503 S.W.3d 531, 535 (Tex. App. Waco-2016, pet. denied) (appellate counsel is under a duty to timely file a petition for review with the Texas Supreme Court if appellant desires). These educational burdens may be accomplished by providing the Court with a copy of the actual communication of this information to Appellant (while avoiding disclosure of privileged information) or a separate certification. See In re J.L.C., 586 S.W.3d at 17.
Counsel for Appellant is ordered to comply with each of the requirements above and to provide a certification of Counsel's compliance within fourteen days of the date of this Order.