In the Interest of R.C., and S.P., Children--Appeal from 38th Judicial District Court of Medina County

MEMORANDUM OPINION

No. 04-06-00089-CV

IN THE INTEREST OF R.C. and S.P., Children

From the 38th Judicial District Court, Medina County, Texas

Trial Court No. 04-08-17047-CV

Honorable Camile G. Dubose , Judge Presiding

Opinion by: Sarah B. Duncan , Justice

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: August 30, 2006

MOTION TO WITHDRAW GRANTED; AFFIRMED

After the trial court terminated Cynthia Pitcher's parental rights to her children, R.C. and S.P., 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 Supp. 2006). Pitcher's court appointed attorney has filed a brief and motion to withdraw in which she 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). Pitcher's attorney also filed a motion to withdraw and certified that a copy of the brief and motion were sent to Pitcher. Pitcher was advised of her right to examine the record and to file a pro se brief. No pro se brief has been filed.

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 Pitcher's attorney's motion to withdraw.

Sarah B. Duncan, Justice