In the Interest of T.R.J. and S.L.J.--Appeal from 73rd Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-10-00178-CV IN THE INTEREST OF T.R.J. et al., Children From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2009-PA-00426 Honorable Charles E. Montemayor, Judge Presiding Opinion by: Phylis J. Speedlin, Justice Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: June 30, 2010 AFFIRMED Tashandala J. seeks to appeal the trial court s termination of her parental rights to her minor children, T.R.J., and S.L.J.,1 and challenges the trial court s finding that her appeal is frivolous. See TEX . FAM . CODE ANN . § 263.405(d)(3), (g) (Vernon 2008). Tashandala s court-appointed appellate attorney has filed a brief representing that he has conducted a professional evaluation of the record and determined the appellate points are without merit. Counsel concludes the appeal is frivolous. The brief meets the requirement 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, order) 1 ¦ To protect the privacy of the parties in this case, we identify the children by their initials and the children s mother by her first name only. See T EX . F AM . C O D E A N N . § 109.002(d) (Vernon 2008). 04-10-00178-CV (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.). In compliance with the procedure in Anders, counsel delivered a copy of counsel s brief to Tashandala, who was advised of her right to examine the record and to file her own pro se brief if she disagreed with counsel s determination regarding the merits of the appeal. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App. San Antonio 1997, no pet.). No pro se brief was filed. Tashandala s attorney has also filed a motion to withdraw. We have reviewed the record on appeal and counsel s brief, and we agree that the appellate points do not present a substantial question for appellate review, and are therefore frivolous. See TEX . CIV . PRAC. & REM . CODE ANN . § 13.003(b) (Vernon 2002); see also TEX . FAM . CODE ANN . § 263.405(d)(3) (incorporating section 13.003(b) by reference). Accordingly, we affirm the trial court s judgment, and grant appellate counsel s motion to withdraw. Nichols, 954 S.W.2d at 85-86. Phylis J. Speedlin, Justice -2-
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