in the Interest of D. P. v. AKA D. P. v. v. Department of Family and Protective Services

Opinion issued January 30, 2014.
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00677-CV
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IN THE INTEREST OF D.P.V. AKA D.P.V., A CHILD
On Appeal from the 313th District Court
Harris County, Texas
Trial Court Case No. 2012-06286J
MEMORANDUM OPINION
Appellant, R.V.O., appeals the trial court’s final order terminating her
parental rights to the minor child, D.P.V. aka D.P.V. Appellant’s appointed
counsel has filed a motion to withdraw, along with an Anders brief, asserting that
the appeal is without merit and that there are no arguable grounds for reversal. See
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396 (1967). We affirm the trial
court’s judgment and grant counsel’s motion to withdraw.
The procedures set forth in Anders are applicable to an appeal from a trial
court’s order terminating parental rights when, as here, the appellant’s appointed
appellate counsel concludes that there are no non-frivolous issues to assert on
appeal. See In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—Dallas 2009, pet.
denied); In re D.E.S., 135 S.W.3d 326, 329–30 (Tex. App.—Houston [14th Dist.]
2004, no pet.); In re K.D., 127 S.W.3d 66, 67 (Tex. App.—Houston [1st Dist.]
2003, no pet.).
Counsel has filed an Anders brief in which he concludes that, after a
thorough review of the record, appellant’s appeal of the termination of her parental
rights is frivolous and without merit. See Anders, 386 U.S. at 744, 87 S. Ct. at
1400; In re D.E.S., 135 S.W.3d at 327, 330; In re K.D., 127 S.W.3d at 67. Counsel
has certified that he delivered a copy of the brief to appellant and has informed
appellant of her right to examine the appellate record and to file a response. See In
re K.D., 127 S.W.3d at 67. This Court has also notified appellant of her right to
review the record and file a pro se response. Appellant has not filed a response.
We have independently reviewed the entire record and counsel’s Anders
brief. See In re D.E.S., 135 S.W.3d at 330; In re K.D., 127 S.W.3d at 67. We agree
with counsel’s assessment that the appeal is frivolous and without merit.
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Accordingly, we affirm the judgment of the trial court and grant counsel’s
motion to withdraw.1 Attorney, Donald M. Crane, must immediately send the
notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of the
notice with the Clerk of this Court. See TEX. R. APP. P. 6.5(c).
PER CURIAM
Panel consists of Justices Jennings, Sharp, and Brown
1
Appointed counsel still has a duty to inform appellant of the result of this appeal
and notify appellant that she may, on her own, pursue a petition for review in the
Supreme Court of Texas. See In re K.D., 127 S.W.3d 66, 68 n.3 (Tex. App.—
Houston [1st Dist.] 2003, no pet.).
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