The State of Texas for the Best Interest and Protection of P.H., as a Mentally Ill Person--Appeal from Probate Court No 1 of Bexar County
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MEMORANDUM OPINION Nos. 04-10-00448-CV & 04-10-00449-CV THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF P.H., as a Mentally Ill Person From the Probate Court No. 1, Bexar County, Texas Trial Court Nos. 2010-MH-1213 & 2010-MH-1265 Honorable Polly Jackson Spencer, 1 Judge Presiding Opinion by: Phylis J. Speedlin, Justice Sitting: Catherine Stone, Chief Justice Phylis J. Speedlin, Justice Steven C. Hilbig, Justice Delivered and Filed: December 29, 2010 AFFIRMED P.H. appeals the trial court s judgments involuntarily committing her for temporary mental health services and compelling the administration of psychoactive medication. P.H. s court-appointed attorney filed a brief containing a professional evaluation of the record in accordance with Anders v. California, 386 U.S. 738 (1967); The State of Texas for the Best Interest & Protection of L.E.H., Jr., 228 S.W.3d 219, 220-21 (Tex. App. San Antonio 2007, no pet.) (holding Anders procedure is appropriately applied when court-appointed counsel concludes an appeal of an involuntary commitment order is frivolous). Counsel concludes that 1 The Honorable Polly Jackson Spencer, presiding judge of Probate Court No. 1, Bexar County, Texas, signed the following judgments: Judgment Court-Ordered Temporary Mental Health Services and Order to Compel Psychoactive Medications ; however, the Honorable Oscar J. Kazen, Associate Probate Judge, Bexar County, Texas, conducted the hearing and ruled on the motions. 04-10-00448-CV & 04-10-00449-CV the appeal has no merit. Counsel provided P.H. with a copy of the brief and informed her of her right to review the record and file her own brief. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App. San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App. San Antonio 1996, no pet.). This court issued an order informing P.H. of her right to file a pro se brief; however, P.H. did not file a brief. After reviewing the record and counsel s brief, we agree that the appeals are frivolous and without merit. The judgments of the trial court are affirmed. Appellate counsel s motions to withdraw are granted. Nichols, 954 S.W.2d at 86; Bruns, 924 S.W.2d at 177 n.1. Phylis J. Speedlin, Justice -2-
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