in the Interest of M.D.R., Jr., a Child ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00279-CV
In the INTEREST OF M.D.R. Jr., a Child
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 08-04-18888-CV
Honorable, Cathy O. Morris, Associate Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: November 18, 2009
MOTION TO WITHDRAW GRANTED; AFFIRMED
Michael R. appeals the trial court’s judgment terminating his parental rights and the order
finding his appellate points frivolous. See TEX . FAM . CODE ANN . § 263.405(d)(3) (Vernon 2008).
Appellant’s court-appointed appellate attorney filed a motion to withdraw and a brief containing a
professional evaluation of the record demonstrating there are no arguable grounds to be advanced
and concluding the appeal is frivolous. The brief meets the requirements of Anders v. California,
386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, *4 (Tex. App.–San
Antonio May 21, 2003, order) (applying Anders procedure to appeals from orders terminating
04-09-00279-CV
parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.–San Antonio Sept. 10, 2003, no
pet.) (mem. op.). Appellant was provided a copy of the brief and informed of his right to review the
record and file his own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.–San Antonio,
July 23, 1997, no pet.); In re R.R., 2003 WL 21157944, at *4. Appellant did not file a pro se brief.
We have reviewed the record and the attorney’s brief, and we agree with counsel that the
appellate points do not present a substantial question for appellate review. See TEX . CIV . PRAC. &
REM . CODE ANN . § 13.003(b) (Vernon 2002); TEX . FAM . CODE ANN . § 263.405(d)(3) (incorporating
section 13.003(b) by reference). Accordingly, we hold the trial court did not abuse its discretion in
finding the points of appeal to be frivolous. We grant the motion to withdraw and affirm the trial
court’s judgment.
PER CURIAM
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