In the Interest of J.A.G., A Child--Appeal from 57th Judicial District Court of Bexar County

Annotate this Case

MEMORANDUM OPINION

 

No. 04-04-00852-CV

 

IN THE INTEREST OF J.A.G., a Child

 

From the 57th Judicial District Court, Bexar County, Texas

Trial Court No. 2003-PA-02176

Honorable Janet Littlejohn, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: November 30, 2005

 

MOTION TO WITHDRAW GRANTED; AFFIRMED

After the trial court terminated Debra Gallardo s parental rights to her child, J.A.G., she appealed the trial court s order determining that an appeal of the termination order would be frivolous. See Tex. Fam. Code Ann. 263.405(g) (Vernon 2002). Gallardo s court appointed attorney has filed a brief and motion to withdraw in which he asserts there are no meritorious issues to raise on appeal. The brief meets the requirements of Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App. San Antonio May 21, 2003, no pet.) (applying Anders procedure in appeal from termination of parental rights). Gallardo s attorney has also filed a motion to withdraw accompanied by a letter that he certifies he sent to Gallardo. The letter states that Gallardo is being provided with a copy of the brief, explains the Anders procedure, and informs her that she has the right to file a brief on her own behalf. // Gallardo has not filed a brief.

We have reviewed the record and counsel s brief and agree an appeal of the termination order is frivolous and without merit. We therefore affirm the trial court s judgment and grant Gallardo s attorney s motion to withdraw.

Sarah B. Duncan, Justice

 

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