in the Matter of T.M., Juvenile ( 2019 )


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  • AFFIRMED and Opinion Filed August 1, 2019
    S   In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00644-CV
    IN THE MATTER OF T.M., A JUVENILE
    On Appeal from the 305th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. JD-17-00477-X
    OPINION
    Before Justices Bridges, Brown, and Whitehill
    Opinion by Justice Bridges
    T.M., a juvenile, appeals the trial court’s order modifying disposition with the Texas Youth
    Commission (TYC) commitment for a period of one year. Appellant’s appointed counsel has filed
    a motion to withdraw, along with an Anders brief, asserting the appeal is without merit and there
    are no arguable grounds for reversal. See Anders v. California, 
    386 U.S. 738
    (1967). We affirm
    the trial court’s judgment.
    Counsel for appellant has filed an Anders brief in which he concludes that, after a thorough
    review of the record, appellant’s appeal of the order modifying disposition with TYC is frivolous
    and without merit. See 
    Anders, 386 U.S. at 744
    ; In re D.E.S., 
    135 S.W.3d 326
    , 327 (Tex. App.—
    Houston [14th Dist.] 2004, no pet.); In re K.D., 
    127 S.W.3d 66
    , 67 (Tex. App.—Houston [1st
    Dist.] 2003, no pet.). Counsel has certified that he delivered a copy of the brief to appellant’s
    parent and has informed appellant’s parent of her right to examine the appellate record and to file
    a response. See In re D.D., 
    279 S.W.3d 849
    , 850 (Tex. App.—Dallas 2009, pet. denied).
    Appellant’s parent has not filed a pro se response.
    A court of appeals is not required to address the merits of claims raised in an Anders brief or a
    pro se response. See 
    id. (citing Bledsoe
    v. State, 
    178 S.W.3d 824
    , 827 (Tex. Crim. App. 2005)).
    Rather, this Court’s duty is to determine whether there are any arguable grounds and, if so, to
    remand the case to the trial court so new counsel may be appointed to address the issues. See 
    id. We have
    independently reviewed the entire record and counsel’s Anders brief. We agree with
    counsel’s assessment that the appeal is frivolous and without merit. We find nothing in the record
    that could arguably support the appeal. Accordingly, we affirm the trial court’s order modifying
    disposition with TYC commitment for a period of one year. See 
    id. Appellant’s appointed
    counsel has filed a motion to withdraw according to the procedures set
    forth in Anders. These procedures are applicable to an appeal from a trial court’s order in a juvenile
    case when, as here, appellant’s appointed counsel concludes there are no non-frivolous issues to
    assert on appeal. In re D.A.S., 
    973 S.W.2d 296
    , 297–99 (Tex. 1998). This Court has not previously
    addressed the issue whether, in a juvenile case, appointed counsel should be permitted to withdraw
    after filing an Anders brief. In In re P.M., the Texas Supreme Court held that the right to counsel
    in suits seeking the termination of parental rights extends to “all proceedings in [the Texas
    Supreme Court], including the filing of a petition for review.” In re P.M., 
    520 S.W.3d 24
    , 27 (Tex.
    2016). The court emphasized that courts have a duty to see that withdrawal of counsel will not
    result in foreseeable prejudice to the client and, if a court of appeals allows an attorney to withdraw,
    it must provide for the appointment of new counsel to pursue a petition for review. 
    Id. Texas courts
    have held this continued right to counsel applies equally in juvenile appeals. See, e.g., In
    re C.F., No. 03-18-00008-CV, 
    2018 WL 2750007
    , at *2 (Tex. App.—Austin June 8, 2018, no pet.)
    (mem. op.); In re A.H., 
    530 S.W.3d 715
    , 717 (Tex. App.—Fort Worth 2017, no pet.); In re A.C.,
    –2–
    No. 01-15-00932-CV, 
    2016 WL 1658777
    , at *1 (Tex. App.—Houston [1st Dist.] Apr. 26, 2016,
    no pet.) (mem. op.); but see In re J.L.C., No. 10-18-00061-CV, 
    2018 WL 3763736
    , at *1 (Tex.
    App.—Waco Aug. 8, 2018, no pet.) (declining to extend Texas Supreme Court’s decision in In re
    P.M. to Anders appeals in juvenile cases). We agree with the majority of courts of appeals that
    have addressed this issue, and we conclude counsel’s obligations to appellant have not yet been
    discharged. If appellant, after consulting with counsel, desires to file a petition for review, counsel
    should timely file with the Texas Supreme Court “a petition for review that satisfies the standards
    for an Anders brief.” See In re 
    P.M., 520 S.W.3d at 27
    –28. Thus, we deny counsel’s motion to
    withdraw.
    We affirm the trial court’s judgment.
    /David L. Bridges/
    DAVID L. BRIDGES
    JUSTICE
    180644F.P05
    –3–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN THE MATTER OF T.M., A JUVENILE                On Appeal from the 305th Judicial District
    Court, Dallas County, Texas
    No. 05-18-00644-CV                               Trial Court Cause No. JD-17-00477-X.
    Opinion delivered by Justice Bridges.
    Justices Brown and Whitehill participating.
    In accordance with this Court’s opinion of this date, the judgment of the trial court is
    AFFIRMED.
    Judgment entered this August 1, 2019
    .
    –4–