in the Interest of A.G.C.M. ( 2010 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00243-CV ____________________

IN THE INTEREST OF A.G.C.M.

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On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 08-07-06653 CV

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MEMORANDUM OPINION

G.C.A. appeals from an order terminating his parental rights to the minor child A.G.C.M. The trial court found, by clear and convincing evidence, that statutory grounds existed for the termination and that termination of G.C.A.'s parental rights would be in the best interest of the child. See Tex. Fam. Code Ann. § 161.001 (1) (D), (E), (N) and (O) (Vernon Supp. 2009); Tex. Fam. Code Ann. § 161.001 (2) (Vernon Supp. 2009). We have independently reviewed the record and agree that the appeal is frivolous. Accordingly, we affirm the judgment of the trial court.

G.C.A.'s court-appointed appellate counsel submitted a brief in which she concludes that there are no arguable grounds to be advanced on appeal. See Anders v. California, 386 U.S. 738, 87 S.Ct.1396, 18 L. Ed. 2d 493 (1967); Interest of L.D.T., 161 S.W.3d 728, 731 (Tex. App.--Beaumont 2005, no pet.). The brief provides counsel's professional evaluation of the record. Counsel served appellant with a copy of the Anders brief filed on his behalf. Counsel moved to withdraw and requested that G.C.A. be provided with an opportunity to file a pro se response. On October 8, 2009, we granted an extension of time for filing a pro se brief. The appellant has not communicated with the Court and has not filed a pro se brief.

We have reviewed counsel's brief and the trial court record. We conclude that no arguable grounds for appeal exist and we therefore affirm the judgment of the trial court. We grant appellate counsel's motion to withdraw. ⁽¹⁾

AFFIRMED.

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DAVID GAULTNEY

Justice

Submitted February 9, 2010

Opinion Delivered February 18, 2010

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. In connection with withdrawing from the case, counsel shall inform the appellant of the result of this appeal and the that he has a right to file a petition for review with the Texas Supreme Court. See Tex. R. App. P. 53; Interest of K.D., 127 S.W.3d 66, 68 n.3 (Tex. App.--Houston [1st Dist.] 2003, no pet.).