In the Interest of L.M.-A., Jr., a Child--Appeal from 131st Judicial District Court of Bexar County
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i i i i i i MEMORANDUM OPINION No. 04-08-00331-CV IN THE INTEREST OF L.M.-A., Jr. From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2007-PA-02002 Honorable Richard Garcia, Judge Presiding Opinion by: Phylis J. Speedlin, Justice Sitting: Alma L. López, Chief Justice Karen Angelini, Justice Phylis J. Speedlin, Justice Delivered and Filed: October 29, 2008 AFFIRMED Carolina S. seeks to appeal the trial court s termination of her parental rights to her minor child, L.M.-A., Jr., and challenges the trial court s finding that her appeal is frivolous. See TEX . FAM . CODE ANN . § 263.405(d)(3), (g) (Vernon Supp. 2008). We affirm the judgment of the trial court. Carolina 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) (applying Anders procedure to appeals from orders 04-08-00331-CV 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 Carolina, 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. Carolina 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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