Opinion issued November 14, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00624-CV
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IN THE INTEREST OF A.N.S., A CHILD
On Appeal from the 315th District Court
Harris County, Texas
Trial Court Cause No. 2010-00434J
MEMORANDUM OPINION
Appellant, Jacob San Roman, appeals the trial court’s final order terminating
his parental rights to the minor child, A.N.S. Appellant’s appointed counsel has
filed a motion to withdraw, along with an Anders brief, asserting that the appeal is
without merit and that 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. See In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—Dallas 2009, pet.
denied); In re D.E.S., 135 S.W.3d 326, 329 (Tex. App.—Houston [14th Dist.]
2004, no pet.); 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 she concludes that, after a
thorough review of the record, appellant’s appeal of the termination of his parental
rights is frivolous and without merit. See Anders, 386 U.S. at 744, 87 S. Ct. at
1400; In re D.E.S., 135 S.W.3d at 327, 330; In re K.D., 127 S.W.3d at 67. Counsel
has certified that she delivered a copy of the brief to appellant and has informed
appellant of his right to examine the appellate record and to file a response. See In
re K.D., 127 S.W.3d at 67. Appellant has not filed a response.
We have independently reviewed the entire record and counsel’s Anders
brief. See Anders, 380 U.S. at 744, 87 S. Ct. at 1400; In re D.E.S., 135 S.W.3d at
330; In re K.D., 127 S.W.3d at 67. We agree with counsel’s assessment that the
appeal is frivolous and without merit.
2
Accordingly, we affirm the judgment of the trial court and grant counsel’s
motion to withdraw.1 Attorney Amy Ngo Lacy must immediately send the notice
required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of the notice
with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Justices Keyes, Higley, and Massengale.
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and notify appellant that he may, on his 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.).
3
in the Interest of A. D. F., III and A. N. S., Children v. Department of Family and Protective Services
Combined Opinion