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In re D.P.V.

Court of Appeals of Texas, First District

January 30, 2014

IN THE INTEREST OF D.P.V. AKA D.P.V., A CHILD

On Appeal from the 313th District Court Harris County, Texas Trial Court Case No. 2012-06286J

Panel consists of Justices Jennings, Sharp, and Brown

MEMORANDUM OPINION

PER CURIAM

Appellant, R.V.O., appeals the trial court's final order terminating her parental rights to the minor child, D.P.V. aka D.P.V. Appellant's appointed counsel has filed a motion to withdraw, along with an Anders brief, asserting that the appeal is without merit and that there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967). We affirm the trial court's judgment and grant counsel's motion to withdraw.

The procedures set forth in Anders are applicable to an appeal from a trial court's order terminating parental rights when, as here, the appellant's appointed appellate counsel concludes that there are no non-frivolous issues to assert on appeal. See In re D.D., 279 S.W.3d 849, 849–50 (Tex. App.—Dallas 2009, pet. denied); In re D.E.S., 135 S.W.3d 326, 329–30 (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 filed an Anders brief in which he concludes that, after a thorough review of the record, appellant's appeal of the termination of her parental rights is frivolous and without merit. See Anders, 386 U.S. at 744, 87 S.Ct. at 1400; In re D.E.S., 135 S.W.3d at 327, 330; In re K.D., 127 S.W.3d at 67. Counsel has certified that he delivered a copy of the brief to appellant and has informed appellant of her right to examine the appellate record and to file a response. See In re K.D., 127 S.W.3d at 67. This Court has also notified appellant of her right to review the record and file a pro se response. Appellant has not filed a response.

We have independently reviewed the entire record and counsel's Anders brief. See In re D.E.S., 135 S.W.3d at 330; In re K.D., 127 S.W.3d at 67. We agree with counsel's assessment that the appeal is frivolous and without merit.

Accordingly, we affirm the judgment of the trial court and grant counsel's motion to withdraw.[1] Attorney, Donald M. Crane, must immediately send the notice required by Texas Rule of Appellate Procedure 6.5(c) and file a copy of the ...


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