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In re D.E.P.

Fourth Court of Appeals San Antonio, Texas
Mar 8, 2019
No. 04-18-00897-CV (Tex. App. Mar. 8, 2019)

Opinion

No. 04-18-00897-CV

03-08-2019

IN THE INTEREST OF D.E.P., A CHILD


From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2018-PA-00219
Honorable Charles E. Montemayor, Judge Presiding

ORDER

Appellant is appealing the trial court's termination of his parental rights. Appellant's court-appointed attorney has filed a brief pursuant to Anders v. California, 368 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. In In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio May 21, 2003, order), we held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. In compliance with the procedure set out in Anders, appellant's attorney has informed appellant of the right to access the appellate record and to file his own brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); see also Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.). The State has filed a letter waiving its right to file an appellee's brief unless the appellant files a pro se brief.

If appellant desires to file a pro se brief, he must do so within twenty (20) days from the date of this order. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant's pro se brief is filed in this court.

/s/_________

Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of March, 2019.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

In re D.E.P.

Fourth Court of Appeals San Antonio, Texas
Mar 8, 2019
No. 04-18-00897-CV (Tex. App. Mar. 8, 2019)
Case details for

In re D.E.P.

Case Details

Full title:IN THE INTEREST OF D.E.P., A CHILD

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 8, 2019

Citations

No. 04-18-00897-CV (Tex. App. Mar. 8, 2019)