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In re D.Y.P.

TENTH COURT OF APPEALS
May 30, 2012
No. 10-11-00394-CV (Tex. App. May. 30, 2012)

Opinion

No. 10-11-00394-CV

05-30-2012

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


From the 77th District Court

Limestone County, Texas

Trial Court No. CPS-221-A


MEMORANDUM OPINION

Appellant S.V. appeals the trial court's order terminating his parental rights to D.Y.P. S.V.'s court-appointed counsel has filed an Anders brief and a motion to withdraw. Appointed counsel asserts that she has diligently reviewed the available record and that, in her opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967); In re E.L.Y., 69 S.W.3d 838, 841 (Tex. App.— Waco 2002, order) (applying Anders to termination appeal).

Although informed of his right to do so, S.V. did not file a pro se brief or response to the Anders brief.

In an Anders case, we must, "after a full examination of all the proceedings, . . . decide whether the case is wholly frivolous." Anders, 386 U.S. at 744, 87 S.Ct. at 1400; accord Stafford v. State, 813 S.W.2d 503, 509-11 (Tex. Crim. App. 1991). An appeal is "wholly frivolous" or "without merit" when it "lacks any basis in law or fact." McCoy v. Court of Appeals, 486 U.S. 429, 439 n.10, 108 S.Ct. 1895, 1902 n.10, 100 L.Ed.2d 440 (1988).

We have conducted an independent review of the record, and because we find this appeal to be wholly frivolous, we affirm the trial court's order of termination and grant counsel's motion to withdraw.

_________________________

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Affirmed; Motion granted Opinion delivered and filed May 30, 2012

[CV06]


Summaries of

In re D.Y.P.

TENTH COURT OF APPEALS
May 30, 2012
No. 10-11-00394-CV (Tex. App. May. 30, 2012)
Case details for

In re D.Y.P.

Case Details

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

Court:TENTH COURT OF APPEALS

Date published: May 30, 2012

Citations

No. 10-11-00394-CV (Tex. App. May. 30, 2012)