in the Interest of G.F.G., a Child ( 2012 )


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  •                                  MEMORANDUM OPINION
    No. 04-11-00899-CV
    IN THE INTEREST OF G.F.G., a Child
    From the 225th Judicial District Court, Bexar County, Texas
    Trial Court No. 2011-PA-01319
    Honorable Peter A. Sakai, Judge Presiding
    Opinion by:       Sandee Bryan Marion, Justice
    Sitting:          Catherine Stone, Chief Justice
    Sandee Bryan Marion, Justice
    Rebecca Simmons, Justice
    Delivered and Filed: May 23, 2012
    AFFIRMED
    This is an appeal from the trial court’s termination of appellant’s parental rights. The
    State moved to have appellant’s parental rights terminated on a variety of grounds. See TEX.
    FAM. CODE ANN. § 161.001(1)(M), (N), (O) (West Supp. 2010) (she had had her parent-child
    relationship terminated with respect to two other children; constructive abandonment; and failure
    to comply with the provisions of a court order). At the conclusion of the termination hearing,
    the trial court stated “Mother is prior termination and constructive abandonment.”              
    Id. § 161.001(1)(M),
    (N). However, in its order of termination, the trial court terminated appellant’s
    parental rights based on constructive abandonment, failure to comply with a court order, and that
    termination was in the child’s best interest. 
    Id. § 161.001(1)(N),
    (O), (2).
    04-11-00899-CV
    Appellant’s court-appointed 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 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), disp. on merits, 
    2003 WL 22080522
    (Tex. App.—San Antonio
    Sept. 10, 2003, no pet.) (mem. op.). Counsel asks this court to amend the termination order to
    reflect the trial court’s oral pronouncement. Counsel provided appellant with a copy of the brief.
    Appellant was informed of her right to review the record and advised of her right to file a pro se
    brief. Appellant has not filed a brief.
    After reviewing the record and counsel’s brief, we agree that the appeal is frivolous and
    without merit. We decline to amend the termination order because the evidence at trial supports
    the findings contained in the order. Therefore, the termination order is affirmed. We GRANT
    counsel’s motion to withdraw. Nichols v. State, 
    954 S.W.2d 83
    , 86 (Tex. App.—San Antonio
    1997, no pet.); Bruns v. State, 
    924 S.W.2d 176
    , 177 n.1 (Tex. App.—San Antonio 1996, no pet.).
    Sandee Bryan Marion, Justice
    -2-
    

Document Info

Docket Number: 04-11-00899-CV

Filed Date: 5/23/2012

Precedential Status: Precedential

Modified Date: 10/16/2015