In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-18-00272-CV
___________________________
IN THE MATTER OF M.L.
On Appeal from the 323rd District Court
Tarrant County, Texas
Trial Court No. 323-105801-17
Before Sudderth, C.J.; Birdwell and Womack, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
This is an appeal from a juvenile court’s judgment adjudicating M.L. delinquent
and ordering probation. See Tex. Fam. Code Ann. §§ 54.03, 54.04, 56.01; Tex. Penal
Code Ann. §§ 21.11(a)(2), 22.021(a)(2)(B). M.L.’s court-appointed appellate counsel
has filed a motion to withdraw and a brief in support of that motion, in which he
states that he has reviewed the record and believes the appeal is frivolous. Counsel
has also filed a motion to withdraw as appellate counsel in accordance with Anders v.
California, 386 U.S. 738, 744, 87 S. Ct. 1396, 1400, 18 L. Ed. 2d 493 (1967). Counsel’s
brief meets the Anders requirements by presenting a professional evaluation of the
record demonstrating why there are no arguable grounds for relief. See Anders, 386
U.S. at 744, 87 S. Ct. at 1400; In re D.A.S., 973 S.W.2d 296, 299 (Tex. 1998) (orig.
proceeding) (holding that Anders procedures apply to juvenile appeals).
Appellate counsel notified M.L. of the right to file a pro se response to
counsel’s Anders brief. This court also notified both M.L. and his father of the right
to file a response to counsel’s Anders brief. We have not received any response. The
State declined to file a brief.
When an appellant’s court-appointed counsel files a motion to withdraw on the
ground that an appeal is frivolous and fulfills the requirements of Anders, we must
independently examine the record to see if there is any arguable ground that may be
raised on the appellant’s behalf. See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim.
App. 1991); In re A.H., 530 S.W.3d 715, 717 (Tex. App.—Fort Worth 2017, no pet.).
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When determining whether a ground for appeal exists, we consider the record, the
briefs, and any pro se response. In re Schulman, 252 S.W.3d 403, 408–09 (Tex. Crim.
App. 2008) (orig. proceeding); A.H., 530 S.W.3d at 717.
We have carefully reviewed the record and counsel’s brief, we agree with
counsel that the appeal is wholly frivolous and without merit, and 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); A.H., 530 S.W.3d at 717. We therefore affirm the
trial court’s judgment.
However, for the reasons expressed in In re P.M., 520 S.W.3d 24, 26–28, 26 n.5
(Tex. 2016), and A.H., 530 S.W.3d at 717, we deny counsel’s motion to withdraw.
/s/ Dana Womack
Dana Womack
Justice
Delivered: August 8, 2019
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