In the Interest of P.A., et al.--Appeal from 407th Judicial District Court of Bexar County
Annotate this Case
Download PDF
MEMORANDUM OPINION No. 04-09-00739-CV IN THE INTEREST OF P.A., et al., Minor Children From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2008-PA-01155 Honorable Charles E. Montemayor, 1 Associate Judge Presiding Opinion by: Phylis J. Speedlin, Justice Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice Delivered and Filed: October 20, 2010 AFFIRMED Appellant Peter Joe Rios seeks to appeal the trial court s judgment terminating his parental rights, and its order finding his appellate points frivolous. See TEX. FAM. CODE ANN. § 263.405(d)(3), (g) (West 2008). Appellant 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 requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-0300096-CV, 2003 WL 21157944, at *4 (Tex. App. San Antonio May 21, 2003, order) (applying 1 The Honorable Charles E. Montemayor, Associate Judge, Bexar County, Texas, signed the order of termination; the Honorable Richard Garcia, Associate Judge, Bexar County, Texas, signed the order denying Rios s motion for new trial and finding his appellate points to be frivolous. 04-09-00739-CV Anders procedure to appeals from orders 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 appellant, and informed appellant of his right to file his own brief. See Nichols v. State, 954 S.W.2d 83, 85 86 (Tex. App. San Antonio 1997, no pet.). Appellant filed a brief in which he contests the grounds for termination. After reviewing the appellate record, counsel s brief, and appellant s pro se brief, 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) (West 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-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
