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In re GM

Court of Appeals of Texas, Fourth District, San Antonio

December 10, 2013

IN THE INT OF GM, AM AND NM,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2011-PA-02693 John D. Gabriel Jr., Judge Presiding

ORDER

SANDEE BRYAN MARION, JUSTICE

This is an appeal from a judgment terminating appellant, Carla Pena's parental rights.[1] On December 2, 2013, Pena's court-appointed appellate counsel filed a motion to withdraw and brief pursuant to Anders v. California, 386 U.S 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. See In re R. R., No. 04-03-00096-CV, 2003 WL 21157944 (Tex. App.-San Antonio, May 21, 2003, order) (holding that Anders procedures apply to appeals from orders terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.-San Antonio, Sept. 10, 2003, no pet.) (mem. op.) In his motion to withdraw, counsel states he has informed appellant of her right to review the record and file her own brief. See id; Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.-San Antonio, July 23, 1997, no pet.); Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.-San Antonio 1996, no pet.).

If Carla Pena desires to file a pro se brief, we ORDER that she do so on or before December 30, 2013. On December 9, 2013, the State has filed a notice waiving its right to file a brief in this case unless appellant files a pro se brief If Pena timely files a pro se brief, the State may file a responsive brief no later than twenty days after appellant's pro se brief is filed in this court.

We ORDER that the motion to withdraw filed by appellant's counsel is held in abeyance pending ...


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