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In re M.S.

Court of Appeals of Texas, Fifth District, Dallas

August 20, 2019

IN THE MATTER OF M.S., A JUVENILE

          On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JD18-00363-X

          Before Justices Myers, Molberg, and Carlyle

          MEMORANDUM OPINION

          LANA MYERS JUSTICE

         M.S., a juvenile, appeals the trial court's order of adjudication and judgment of disposition finding M.S. delinquent for the offense of assault causing bodily injury, in violation of section 22.01(A)(1) of the Texas Penal Code.

         On June 28, 2018, the Dallas County District Attorney's Office filed a four-count petition regarding a child engaged in delinquent conduct against M.S., alleging she (1) intentionally or knowingly damaged or destroyed property (a motor vehicle) without the effective consent of the owner; (2) intentionally, knowingly, or recklessly caused bodily injury and used or exhibited a deadly weapon (a knife) during the commission of the assault; (3) intentionally, knowingly, or recklessly caused body injury to another; and (4) intentionally or knowingly used or exhibited a deadly weapon (a knife) to threaten another with imminent bodily injury.

         The adjudication and disposition hearing was held on October 2, 2018. The State nonsuited counts 1, 3, and 4. The trial court accepted M.S.'s plea of true to the charge of assault causing bodily injury, found M.S. delinquent, and ordered M.S. placed on probation for a period of one year in the custody of the Chief Probation Officer of the Dallas County Juvenile Department for placement at Lake Granbury Youth Services.

         M.S. filed a notice of appeal. Her court-appointed counsel has filed an Anders brief on her behalf, concluding after a diligent review of the record that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967); In re D.A.S., 973 S.W.2d 296, 297 (Tex. 1998) (orig. proceeding). In reviewing an Anders brief, our duty is to determine whether there are any arguable grounds for reversal and, if there are, to remand the case to the trial court for the appointment of new counsel. Bledsoe v. State, 178 S.W.3d 824, 827 (Tex. Crim. App. 2005); In re D.D., 279 S.W.3d 849, 850 (Tex. App.--Dallas 2009, pet. denied). The Anders brief filed by M.S.'s appellate counsel presents a professional evaluation of the record and concludes there are no arguable grounds for reversal.

         We note that section 54.03(b) of the Texas Family Code provides:

(b) At the beginning of the adjudication hearing, the juvenile court judge shall explain to the child and his parent, guardian, or guardian ad litem:
(1) the allegations made against the child;
(2) the nature and possible consequences of the proceedings, including the law relating to the admissibility of the record of a juvenile court adjudication in a criminal proceeding;
(3) the child's privilege against self-incrimination;
(4) the child's right to trial and to confrontation of witnesses;
(5) the child's right to representation by an attorney if he is not ...

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