in the Interest of J.T. ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-18-00652-CV
IN THE INTEREST OF J.T., a Child
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2017-PA-01089
Honorable Renée Yanta, Judge Presiding
Opinion by: Rebeca C. Martinez, Justice
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Irene Rios, Justice
Delivered and Filed: January 9, 2019
AFFIRMED
This is an appeal from the trial court’s Order of Termination in which the trial court
terminated appellant’s parental rights. Appellant’s court-appointed counsel filed a brief and
motion to withdraw, concluding the appeal is without merit. The brief meets the requirements 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, no pet.) (mem. op.) (applying Anders
procedure in appeal from termination of parental rights). Counsel advised that appellant was sent
a copy of the brief and a letter advising him of his rights to review the record and file a pro se brief.
This court issued an order setting deadlines to request access to the record and to file a pro se brief
and holding the motion to withdraw in abatement. The State waived its right to file an appellee’s
brief unless Appellant filed a pro se brief. Appellant has not requested the record or filed a brief.
04-18-00652-CV
After reviewing the record and counsel’s brief, we agree the appeal is frivolous and without
merit. See Nichols v. State, 954 S.W.2d 83, 85–86 (Tex. App.—San Antonio 1997, no writ). The
judgment of the trial court is affirmed. We deny counsel’s motion to withdraw because counsel
does not assert any ground for withdrawal other than his conclusion that the appeal is frivolous.
See In re P.M., 520 S.W.3d 24, 27–28 (Tex. 2016) (holding that counsel’s obligations in parental
termination cases extend through the exhaustion or waiver of all appeals, including the filing of a
petition for review in the Texas Supreme Court).
Rebeca C. Martinez, Justice
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