In the Interest of M.A.H., A Child--Appeal from 150th Judicial District Court of Bexar County

MEMORANDUM OPINION

No. 04-05-00462-CV

IN THE INTEREST OF M.A.H., A CHILD

From the 150th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-PA-01186

Honorable Fred Shannon, Judge Presiding

Opinion by: Catherine Stone, Justice

Sitting: Catherine Stone, Justice

Karen Angelini, Justice

Rebecca Simmons, Justice

Delivered and Filed: December 21, 2005

AFFIRMED

After the trial court terminated Marty Henke s parental rights to his child, M.A.H., he 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). Henke s court-appointed appellate attorney filed a brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced. Counsel concludes that the appeal is without merit. 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, at * 4 (Tex. App. San Antonio May 21, 2003, no pet.) (applying Anders procedure in appeal from termination of parental rights).

A copy of counsel s brief was delivered to Henke, who was advised of his right to examine the record and to file a pro se brief. No pro se brief has been filed. After reviewing the record, we agree that the appeal is frivolous and without merit. The judgment of the trial court is therefore affirmed. Furthermore, we grant counsel s motion to withdraw.

Catherine Stone, Justice