COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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H.B.C., No. 08-14-00136-CV
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Appellant, Appeal from
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v. 109th District Court
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TEXAS DEPARTMENT OF FAMILY of Andrews County, Texas
AND PROTECTIVE SERVICES, §
(TC # 19,133)
Appellee. §
MEMORANDUM OPINION
H.B.C. appeals from a judgment terminating his parental rights. We affirm.
Court-appointed counsel has concluded that, after thorough review of the record, the
appeal is frivolous and without merit. Thus, counsel has filed a motion to withdraw and a brief
in accordance with the requirements of Anders v. California, 386 U.S. 738, 741-744, 87 S.Ct.
1396, 1398-1400, 18 L.Ed.2d 493 (1967). In Anders, the Supreme Court recognized that
counsel, though appointed to represent the appellant in a criminal conviction, had no duty to
pursue a frivolous matter on appeal. Anders, 386 U.S. at 744. Counsel was permitted to
withdraw after informing the court of his conclusion and the effort made in arriving at that
conclusion. Id. Anders is applicable to an appeal from a termination of parental rights where
court-appointed counsel has determined that the appeal is frivolous. In re J.B., 296 S.W.3d 618,
619 (Tex.App.--El Paso 2009, no pet.). Counsel’s brief meets the requirements of Anders v.
California by advancing contentions which counsel says may arguably support the appeal. See
High v. State, 573 S.W.2d 807 (Tex.Crim.App. 1978); Currie v. State, 516 S.W.2d 684
(Tex.Crim.App.1974).
Counsel mailed to H.B.C. a copy of counsel’s brief and a copy of the reporter’s record
and advised him of his right to examine the appellate record and file a pro se brief. H.B.C. has
not made any request to review any portion of the clerk’s record and he has not filed a pro se
brief. We have carefully reviewed the record and counsel’s brief and agree that the appeal is
wholly frivolous and without merit. Further, we find nothing in the record that might arguably
support the appeal. The trial court’s order terminating H.B.C.’s parental rights is affirmed.
August 13, 2014
ANN CRAWFORD McCLURE, Chief Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
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