in the Interest of K.R., a Child ( 2019 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-19-00243-CV
    IN THE INTEREST OF K.R., a Child
    From the 407th Judicial District Court, Bexar County, Texas
    Trial Court No. 2018-PA-00026
    Honorable Mary Lou Alvarez, Judge Presiding
    Opinion by:       Sandee Bryan Marion, Chief Justice
    Sitting:          Sandee Bryan Marion, Chief Justice
    Luz Elena D. Chapa, Justice
    Irene Rios, Justice
    Delivered and Filed: October 2, 2019
    AFFIRMED
    This is an appeal from the trial court’s Order of Termination in which the trial court
    terminated appellant’s parental rights. Appellant’s court-appointed counsel filed a brief and motion
    to withdraw, concluding the appeal is 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.) (mem. op.) (applying Anders procedure in
    appeal from termination of parental rights). Counsel provided appellant with a copy of the brief,
    informed appellant of his right to review the record, and advised appellant of his right to file a pro
    se brief. The State waived its right to file an appellee’s brief unless appellant filed a pro se brief.
    Appellant requested and was provided a copy of the record, but appellant did not file a pro se brief.
    04-19-00243-CV
    After reviewing the record and counsel’s brief, we agree the appeal is frivolous and without
    merit. See Nichols v. State, 
    954 S.W.2d 83
    , 85–86 (Tex. App.—San Antonio 1997, no writ). The
    judgment of the trial court is affirmed. We deny counsel’s motion to withdraw because it does not
    show good cause for withdrawal. See In re P.M., 
    520 S.W.3d 24
    , 27 (Tex. 2016) (per curiam)
    (holding “good cause” for withdrawal does not exist merely because counsel states she is unable
    to effectively communicate with the client and believes the appeal is frivolous).
    Sandee Bryan Marion, Chief Justice
    -2-
    

Document Info

Docket Number: 04-19-00243-CV

Filed Date: 10/2/2019

Precedential Status: Precedential

Modified Date: 10/3/2019