in the Interest of J.C.W., III, Children ( 2009 )

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MEMORANDUM OPINION
No. 04-09-00219-CV
IN THE INTEREST OF J.C.W., III, et al., Children
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2008-PA-00045
Honorable Charles Montemayor, Judge Presiding
Opinion by: Catherine Stone, Chief Justice
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Rebecca Simmons, Justice
Delivered and Filed: October 7, 2009
AFFIRMED
After the trial court terminated his parental rights, Joseph C. W. appealed the trial court’s
order determining that an appeal of the termination order would be frivolous. See TEX . FAM . CODE
ANN . § 263.405(g) (Vernon 2008). Joseph’s court-appointed appellate attorney filed a brief
containing a professional evaluation of the record and demonstrating that there are no arguable
grounds to be advanced. Counsel concludes that the appeal is frivolous and without merit. 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, at * 4 (Tex. App.—San Antonio May 21, 2003, no pet.)
(applying Anders procedure in appeal from termination of parental rights) (mem. op.); see also In
re K.M., 98 S.W.3d 774, 775 (Tex. App.—Fort Worth 2003, order) (same).
04-09-00219-CV
Counsel certified that a copy of his brief was delivered to Joseph who was advised of his
right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing
the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court
is therefore affirmed, and counsel’s motion to withdraw is granted.
Catherine Stone, Chief Justice
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