COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
'
No. 08-11-00320-CV
'
Appeal from the
IN THE MATTER OF L.H.C., A '
JUVENILE. 65th Judicial District Court
'
of El Paso County, Texas
'
' (TC# 09,01015)
MEMORANDUM OPINION
On May 27, 2010, Appellant, a juvenile, was adjudicated delinquent and placed on
probation after stipulating to the offense of engaging in graffiti on a school wall and causing a loss
of less than $20,000. TEX. PENAL CODE ANN. § 28.08(a), (b)(3), (d)(1) (West 2011). On
October 6, 2011, after Appellant’s probation was modified on multiple occasions and a second
judgment of probation was filed and entered against Appellant, a disposition hearing was
conducted after which the Juvenile Court Referee found that Appellant posed a risk to the safety
and protection of the community, that no appropriate community-based intermediate sanction was
available to address Appellant’s needs and the community’s safety, and that the gravity of the
offense and Appellant’s prior juvenile record required Appellant’s confinement in a secure
facility. See TEX. FAM. CODE ANN. § 54.04(f) (West Supp. 2012). The trial court then
ordered Appellant committed to the Texas Youth Commission. Id. Appellant appeals the trial
court’s order committing him to the custody of TYC. We affirm.
Appellant’s court-appointed counsel has filed a brief in which she has concluded that the
appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v.
California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied, 388 U.S. 924, 87 S.Ct. 2094,
18 L.Ed.2d 1377 (1967), by advancing a contention 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); Jackson v. State, 485 S.W.2d 553 (Tex.Crim.App. 1972); Gainous v.
State, 436 S.W.2d 137 (Tex. Crim. App. 1969); see also In re D.A.S., 973 S.W.2d 296, 298 (Tex.
1998) (Texas Supreme Court held that the Anders procedure applies to juvenile appeals and noted
that, although juvenile-delinquency proceedings are classified as civil, their nature is
quasi-criminal). A copy of counsel’s brief has been delivered to Appellant, and Appellant has
been advised of his right to examine the appellate record and file a pro se brief. No pro se brief
has been filed. The State has filed a brief. Having filed an Anders brief with the Court and
having notified Appellant of his right to pursue a pro se appeal, Appellant’s counsel has filed a
motion to withdraw as counsel.
We have carefully reviewed the record which consists of detailed facts and evidence
supporting the trial court’s decision. We have also carefully reviewed counsel’s brief and agree
with Appellant’s counsel that the appeal is wholly frivolous and without merit. A discussion of
the contentions advanced in counsel’s brief would add nothing to the jurisprudence of the state.
Further, we find nothing in the record that might arguably support the appeal.
The trial court’s order is affirmed.
GUADALUPE RIVERA, Justice
November 7, 2012
Before McClure, C.J., Rivera, J., and Antcliff, J.
2