Opinion
NO. 01-14-00538-CV
12-23-2014
IN THE INTEREST OF L.S.G., A CHILD
On Appeal from the 314th District Court Harris County, Texas
Trial Court Case No. 2013-03849J
MEMORANDUM OPINION
Appellant, K.D.R.A., challenges the trial court's final order terminating her parental rights to her minor child. Appellant's appointed counsel has filed a motion to withdraw and an Anders brief, asserting that the appeal is without merit and there are no arguable grounds for reversal. See Anders v. California., 386 U.S. 738, 87 S. Ct. 1396 (1967). We affirm the trial court's judgment and grant counsel's motion to withdraw.
The procedures set forth in Anders are applicable to an appeal from a trial court's order terminating parental rights when, as here, the appellant's appointed appellate counsel concludes that there are no non-frivolous issues to assert on appeal. In re K.D., 127 S.W.3d 66, 67 (Tex. App.—Houston [1st Dist.] 2003, no pet.).
Counsel has filed an Anders brief in which he concludes that, after a thorough review of the record, appellant's appeal of the termination of her parental rights is frivolous and without merit. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; In re K.D., 127 S.W.3d at 67. Counsel has certified that he delivered a copy of the brief to appellant and has informed appellant of her right to examine the appellate record and to file a response. See In re K.D., 127 S.W.3d at 67. This Court has sent notice to appellant of her right to review the record and file a pro se response. Appellant has not filed a response.
This Court sent its notifications to appellant at the address provided as her last known address in counsel's motion to withdraw. The notices were returned with the following notation written on the envelopes: "return to sender, insufficient address, unable to forward." Appellant has not provided us with any other address.
We have independently reviewed the entire record and counsel's Anders brief. See In re K.D., 127 S.W.3d at 67. We agree with counsel's assessment that the appeal is frivolous and without merit.
Accordingly, we affirm the judgment of the trial court and grant counsel's motion to withdraw. Attorney, Donald M. Crane, must immediately send appellant the required notice and file a copy of the notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).
Appointed counsel still has a duty to inform appellant of the result of this appeal and notify appellant that she may, on her own, pursue a petition for review in the Supreme Court of Texas. See In re K.D., 127 S.W.3d 66, 68 n.3 (Tex. App.—Houston [1st Dist.] 2003, no pet.).
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PER CURIAM Panel consists of Justices Jennings, Bland, and Massengale.