Opinion
No. 04-13-00610-CV
11-21-2013
IN THE INTEREST OF C.J.K., L.D.C.M., T.M.L
From the 81st Judicial District Court, Wilson County, Texas
Trial Court No. 12-09-0495-CVW
Honorable Thomas F. Lee, Judge Presiding
ORDER
This is an appeal from a judgment terminating appellant's parental rights. On October 13, 2013, appellant's court-appointed appellate counsel responded by filing a motion to withdraw and brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. See In re R. R., No. 04-03-00096-CV, 2003 WL 21157944 (Tex. App.-San Antonio, May 21, 2003, order) (holding that Anders procedures apply to appeals from orders terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.-San Antonio, Sept. 10, 2003, no pet.) (mem. op.). Counsel states he has informed appellant of his right to review the record and file his own brief. See id.; Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.—San Antonio, July 23, 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).
If appellant desires to file a pro se brief, we order that he do so on or before December 20, 2013. On November 18, 2013, the State filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief. If appellant timely files a pro se brief, the State may file a responsive brief no later than thirty days after appellant's pro se brief is filed in this court.
We order that the motion to withdraw filed by appellant's counsel is held in abeyance pending further order of the court.
We further order the clerk of this court to serve a copy of this order on appellant and all counsel.
______________________
Sandee Bryan Marion, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of November, 2013.
______________________
Keith E. Hottle
Clerk of Court