in the Interest of M.R.G., and M.R. ( 2011 )

MEMORANDUM OPINION
No. 04-11-00132-CV
In the INTEREST OF M.R.G., and M.R., Children
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2009-PA-02536
Honorable Charles E. Montemayor, Judge Presiding 1
Opinion by: Marialyn Barnard, Justice
Sitting: Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 23, 2011
MOTION TO WITHDRAW GRANTED; AFFIRMED
Appellant mother, C.R., appeals the trial court’s judgment terminating her parental rights
to M.R.G. and M.R., and the order finding her statement of appellate points frivolous. See TEX.
FAM. CODE ANN. § 263.405(a), (d)(3) (West 2008). Appellant’s court-appointed appellate
attorney has 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 parental rights),
1
The Honorable Renée McElhaney is the presiding judge of the 73rd Judicial District Court, Bexar County, Texas.
However, the judgment of termination that is the subject of this appeal was signed by the Honorable Charles E.
Montemayor, Associate Judge, Bexar County, Texas.
04-11-00132-CV
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 her right to file her 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) (West 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.
Marialyn Barnard, Justice
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