Opinion issued June 13, 2013
In The
Court of Appeals
For The
First District of Texas
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NO. 01-12-00852-CV
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IN THE INTEREST OF S.B.G., A CHILD
On Appeal from the 315th District Court
Harris County, Texas
Trial Court Cause No. 2011-04793J
MEMORANDUM OPINION
Appellant, W.G., appeals the trial court’s final order terminating his parental
rights to the minor child, S.B.G. 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, 326–30 (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 he 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; D.E.S., 135 S.W.3d at 329–30; 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 his right to examine the appellate record and to file a response. See
K.D., 127 S.W.3d at 67. This Court has also notified appellant of his right to
review the record and to file a pro se response. Appellant has not filed a response.
We have independently reviewed the entire record and counsel’s Anders
brief. See D.E.S., 135 S.W.3d at 330; K.D., 127 S.W.3d at 67. We agree with
counsel’s assessment that the appeal is frivolous and without merit.
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Accordingly, we affirm the judgment of the trial court and grant counsel’s
motion to withdraw.1 Attorney Brian J. Fischer 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).
Laura Carter Higley
Justice
Panel consists of Justices Keyes, Higley, and Bland.
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 at n.3 (Tex. App.—
Houston [1st Dist.] 2003, no pet.).
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