in the Interest of L.S.G., a Child ( 2014 )

Opinion issued December 23, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-14-00538-CV
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IN THE INTEREST OF L.S.G., A CHILD
On Appeal from the 314th District Court
Harris County, Texas
Trial Court Case No. 2013-03849J
MEMORANDUM OPINION
Appellant, K.D.R.A., challenges the trial court’s final order terminating her
parental rights to her minor child. Appellant’s appointed counsel has filed a motion
to withdraw and an Anders brief, asserting that the appeal is without merit and
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. 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 her parental
rights is frivolous and without merit. See Anders, 386 U.S. at 744, 87 S. Ct. at
1400; In re 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 her right to examine the
appellate record and to file a response. See In re K.D., 127 S.W.3d at 67. This
Court has sent notice to appellant of her right to review the record and file a pro se
response.1 Appellant has not filed a response.
We have independently reviewed the entire record and counsel’s Anders
brief. See In re K.D., 127 S.W.3d at 67. We agree with counsel’s assessment that
the appeal is frivolous and without merit.
1
This Court sent its notifications to appellant at the address provided as her last
known address in counsel’s motion to withdraw. The notices were returned with
the following notation written on the envelopes: “return to sender, insufficient
address, unable to forward.” Appellant has not provided us with any other address.
2
Accordingly, we affirm the judgment of the trial court and grant counsel’s
motion to withdraw.2 Attorney, Donald M. Crane, must immediately send appellant
the required notice 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 Jennings, Bland, and Massengale.
2
Appointed counsel still has a duty to inform appellant of the result of this appeal
and notify appellant that she may, on her 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