in the Interest of A. v. S., Minor Children ( 2010 )

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MEMORANDUM OPINION
No. 04-09-00251-CV
IN THE INTEREST OF A.V.S., A.M.J.S.,
and D.A.A., Minor Children
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2008-PA-00277
Honorable Peter Sakai, Judge Presiding1
Opinion by: Marialyn Barnard, Justice
Sitting: Sandee Bryan Marion, Justice
Rebecca Simmons, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 7, 2010
MOTION TO WITHDRAW GRANTED; AFFIRMED
Craig Anderson appeals the trial court’s judgment terminating his parental rights to D.A.A.,
and its order finding his appellate points frivolous. See TEX . FAM . CODE ANN . § 263.405(d)(3)
(Vernon Supp. 2009). 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
… The Honorable Peter Sakai is the presiding judge of the 225th District Court. The
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order of termination was signed by the Honorable Charles Montemayor, Associate Judge.
04-08-00559-CV
from orders terminating parental rights), 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 his right to file his 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) (Vernon 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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