in the Interest of K v. a Child

i i i i i i
MEMORANDUM OPINION
No. 04-09-00283-CV
In the INTEREST OF K.V., a Child
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2007-PA-02200
Honorable Charles Montemayor, Associate Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: September 16, 2009
MOTION TO WITHDRAW GRANTED; AFFIRMED
Tiffany L. appeals the trial court’s judgment terminating her parental rights to her child K.V.
and its order finding her appellate points frivolous. See TEX . FAM . CODE ANN . § 263.405(d)(3)
(Vernon 2008). Appellant’s court-appointed appellate attorney 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), 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
04-09-00283-CV
to review the record and 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) (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.
PER CURIAM
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