Benjamin Sanchez v. Texas Department of Family and Protective Services

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00249-CV Benjamin Sanchez, Appellant v. Texas Department of Family and Protective Services, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT NO. D-1-FM-08-005730, HONORABLE RHONDA HURLEY, JUDGE PRESIDING MEMORANDUM OPINION Benjamin Sanchez appeals the district court’s order terminating his parental rights to his minor child, J.S. Sanchez’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Taylor v. Texas Dep’t of Protective & Regulatory Servs., 160 S.W.3d 641, 646-47 (Tex. App.—Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of parental rights). Counsel has certified to this Court that he provided Sanchez with a copy of the Anders brief, along with a notice, in both English and Spanish, advising Sanchez of his right to examine the appellate record and to file a pro se brief.1 No pro se brief has been filed. 1 At trial, Sanchez testified in Spanish with the aid of an interpreter. We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Counsel’s motion to withdraw is granted. The order of termination is affirmed. __________________________________________ Diane M. Henson, Justice Before Justices Puryear, Henson and Goodwin Affirmed Filed: March 24, 2011 2