in the Interest of E.L.D., P.D.D., Jr., A.S.E., Z.T.D. and J.T.N.D., Children ( 2022 )

IN THE
TENTH COURT OF APPEALS
No. 10-21-00239-CV
IN THE INTEREST OF
E.L.D., P.D.D., JR., A.S.E., Z.T.D. AND J.T.N.D., CHILDREN,
From the 74th District Court
McLennan County, Texas
Trial Court No. 2020-2227-3
MEMORANDUM OPINION
Appellant, P.D., challenges the trial court’s order terminating his parental rights
to his children, E.L.D., P.D.D. Jr., A.S.E., Z.T.D., and J.T.N.D. Appellant’s appointed
appellate counsel has filed an Anders brief, asserting that he has diligently reviewed the
record and that, in his opinion, the appeal is frivolous. See generally Anders v. California,
386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 493 (1967); see In re E.L.Y., 69 S.W.3d 838, 841 (Tex.
App.—Waco 2002, order) (applying Anders to termination appeals).
I. ANDERS BRIEF
Counsel’s brief meets the requirements of Anders as it presents a professional
evaluation demonstrating why there are no arguable grounds to advance on appeal. See
In re Schulman, 252 S.W.3d 403, 407 n.9 (Tex. Crim. App. 2008) (“In Texas, an Anders brief
need not specifically advance ‘arguable’ points of error if counsel finds none, but it must
provide record references to the facts and procedural history and set out pertinent legal
authorities.”); Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991) (en banc).
Appellant’s counsel has carefully discussed why, under controlling authority, there is no
reversible error in the trial court’s order of termination. Counsel has informed us that he:
(1) examined the record and found no arguable grounds to advance on appeal; (2) served
a copy of the brief and counsel’s motion to withdraw on appellant; and
(3) provided appellant with a copy of the record and informed him of his right to file a
pro se response. See Anders, 386 U.S. at 744, 87 S. Ct. at 1400; Stafford, 813 S.W.2d at 510
n.3; see also In re Schulman, 252 S.W.3d at 409 n.23. Appellant filed a pro se response.
II. INDEPENDENT REVIEW
Upon receiving an Anders brief, we must conduct a full examination of all the
proceedings to determine whether the case is wholly frivolous. Penson v. Ohio, 488 U.S.
75, 80, 109 S. Ct. 346, 349-50, 102 L. Ed. 2d 300 (1988). An appeal is “wholly frivolous” or
“without merit” when it “lacks any basis in law or fact.” McCoy v. Court of Appeals, 486
U.S. 429, 438 n.10, 108 S. Ct. 1895, 1902 n.10, 100 L. Ed. 2d 440 (1988). We have reviewed
In the Interest of E.L.D., P.D.D., Jr., A.S.E., Z.T.D. and J.T.N.D., Children Page 2
the entire record, counsel’s brief, and appellant’s pro se response and have found nothing
that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex.
Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it
considered the issues raised in the briefs and reviewed the record for reversible error but
found none, the court of appeals met the requirement of Texas Rule of Appellate
Procedure 47.1.”); Stafford, 813 S.W.2d at 509.
III. CONCLUSION
Accordingly, we affirm the trial court’s order of termination. In addition, we
remind appellant’s appointed appellate counsel that if appellant, after consulting with
counsel, desires to file a petition for review, counsel is still under a duty to timely file
with the Texas Supreme Court “a petition for review that satisfies the standards for
an Anders brief.” In re P.M., 520 S.W.3d 24, 27-28 (Tex. 2016); see In re G.P., 503 S.W.3d
531, 535 (Tex. App.—Waco 2016, pet. denied); see also TEX. FAM. CODE ANN. § 107.016(2).
STEVE SMITH
Justice
In the Interest of E.L.D., P.D.D., Jr., A.S.E., Z.T.D. and J.T.N.D., Children Page 3
Before Chief Justice Gray,
Justice Smith, and
Justice Rose1
(Chief Justice Gray concurs in the Court’s judgment)
Affirmed
Opinion delivered and filed January 26, 2022
[CV06]
1The Honorable Jeff Rose, Former Chief Justice of the Third Court of Appeals, sitting by assignment
of the Chief Justice of the Texas Supreme Court. See TEX. GOV'T CODE ANN. §§ 74.003, 75.002, 75.003.
In the Interest of E.L.D., P.D.D., Jr., A.S.E., Z.T.D. and J.T.N.D., Children Page 4