Opinion
NO. 02-17-00450-CV
04-26-2018
IN THE INTEREST OF C.J., A CHILD
FROM THE 323RD DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 323-104220-16 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Father C.J. appeals the termination of his parental rights to his son, C.J. See Tex. Fam. Code Ann. § 161.001 (West Supp. 2017). Father's court-appointed appellate counsel filed a motion to withdraw as counsel and a brief in support of that motion. See Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967); In re P.M., 520 S.W.3d 24, 27 (Tex. 2016). Counsel's brief and motion meet the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief. See 386 U.S. at 741-42, 87 S. Ct. at 1399. Although given the opportunity, Father has not filed a response.
As the reviewing appellate court, we must independently examine the record to decide whether counsel is correct in determining that an appeal in this case is frivolous. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); In re K.R.C., 346 S.W.3d 618, 619 (Tex. App.—El Paso 2009, no pet.). Having carefully reviewed the record and the Anders brief, we agree with counsel that the appeal is frivolous. See K.R.C., 346 S.W.3d at 619. We find nothing in the record that might arguably support Father's appeal. Accordingly, we affirm the trial court's judgment.
We deny Father's counsel's motion to withdraw in light of In re P.M. because the brief does not show "good cause" other than counsel's determination that an appeal would be frivolous. 520 S.W.3d at 27 ("[A]n Anders motion to withdraw brought in the court of appeals, in the absence of additional grounds for withdrawal, may be premature."); In re A.M., 495 S.W.3d 573, 582-83 (Tex. App.—Houston [1st Dist.] 2016, pets. denied) (noting that since In re P.M. was handed down, "most courts of appeals affirming parental termination orders after receiving Anders briefs have denied the attorney's motion to withdraw"). The supreme court has held that in cases such as this, "appointed counsel's obligations [in the supreme court] can be satisfied by filing a petition for review that satisfies the standards for an Anders brief." P.M., 520 S.W.3d at 27-28.
/s/ Bonnie Sudderth
BONNIE SUDDERTH
CHIEF JUSTICE PANEL: SUDDERTH, C.J.; MEIER and GABRIEL, JJ. DELIVERED: April 26, 2018