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In re A.R.

Fourth Court of Appeals San Antonio, Texas
Mar 22, 2021
No. 04-20-00340-CV (Tex. App. Mar. 22, 2021)

Opinion

No. 04-20-00340-CV

03-22-2021

IN THE INTEREST OF A.R., JR., A CHILD


From the 293rd Judicial District Court, Zavala County, Texas
Trial Court No. 18-03-14124-ZCV
Honorable Maribel Flores, Judge Presiding

ORDER

Appellant appeals the trial court's termination of his parental rights. Appellant's court-appointed counsel has filed a brief and a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. We have 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. See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.). In compliance with the procedure set out in Anders, appellant's attorney has shown that he sent a letter to appellant, which explained his right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re R.R., 2003 WL 21157944, at *4. In the letter, counsel stated that he had enclosed copies of the brief and the motion to withdraw. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4.

Counsel's letter also advised appellant that if he wished to review the appellate record, he must file a motion in this court. Counsel subsequently provided appellant a form motion for this purpose. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4. If appellant desires to obtain a copy of the appellate record, he must file a motion for pro se access to the appellate record in this court on or before April 5, 2021.

If appellant desires to file a pro se brief, we ORDER that he do so on or before April 26, 2021. 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. We ORDER the motion to withdraw, filed by appellant's counsel, to be HELD IN ABEYANCE pending further order of this court.

/s/_________

Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of March, 2021.

/s/_________

MICHAEL A. CRUZ, Clerk of Court


Summaries of

In re A.R.

Fourth Court of Appeals San Antonio, Texas
Mar 22, 2021
No. 04-20-00340-CV (Tex. App. Mar. 22, 2021)
Case details for

In re A.R.

Case Details

Full title:IN THE INTEREST OF A.R., JR., A CHILD

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Mar 22, 2021

Citations

No. 04-20-00340-CV (Tex. App. Mar. 22, 2021)