CourtListener 9438572•In the Interest of A.N.R. v. the State of Texas
Full text
In The
Court of Appeals
Ninth District of Texas at Beaumont
__________________
NO. 09-23-00204-CV
__________________
IN THE INTEREST OF A.N.R.
__________________________________________________________________
On Appeal from the 279th District Court
Jefferson County, Texas
Trial Cause No. F-240,569-A
__________________________________________________________________
MEMORANDUM OPINION
Mother appeals from an order terminating her parental rights to her one-year-
old son, A.N.R. 1 The trial court found, by clear and convincing evidence, that
statutory grounds exist for termination of Mother’s parental rights and that
termination of her parental rights would be in the best interest of the child. See Tex.
Fam. Code Ann. § 161.001(b)(1)(D), (E), (O), (P), (2).
1
To protect the child’s identity, we use pseudonyms to refer to the child and
the parents. See Tex. R. App. P. 9.8(b)(2). The trial court’s Order of Termination
also terminated the child’s father’s parental rights, but the father is not a party to this
appeal.
1
Mother’s appointed attorney submitted a brief in which he contends that there
are no meritorious issues for appeal and that the appeal is frivolous. See Anders v.
California, 386 U.S. 738 (1967); In re L.D.T., 161 S.W.3d 728, 730-31 (Tex. App.—
Beaumont 2005, no pet.) (Anders procedures apply in parental-right termination
cases). The brief presents the attorney’s professional evaluation of the record and
explains why no arguable grounds exist to overturn the trial court’s judgment. The
attorney represented to the Court that he gave Mother a copy of the Anders brief he
filed, notified Mother of her right to file a pro se brief, and notified Mother of how
to access the appellate record. The Court notified Mother of her right to file a pro se
response and of the deadline for doing so. Mother did not file a response with the
Court.
We have independently evaluated the appellate record and the brief filed by
Mother’s court-appointed attorney. See Penson v. Ohio, 488 U.S. 75, 80 (1988)
(citing Anders, 386 U.S. at 744); Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.
Crim. App. 2005); In re K.R.C., 346 S.W.3d 618, 619 (Tex. App.—El Paso 2009,
no pet.). Based on our review, we have found nothing that would arguably support
an appeal, and we agree that the appeal is frivolous and lacks merit. See Bledsoe,
178 S.W.3d at 827-28 (“Due to the nature of Anders briefs, by indicating in the
opinion that it considered the issues raised in the briefs and reviewed the record for
reversible error but found none, the court of appeals met the requirements of Texas
2
Rule of Appellate Procedure 47.1.”); In re K.R.C., 346 S.W.3d at 619. Therefore, we
find it unnecessary to order appointment of new counsel to re-brief the appeal. Cf.
Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991).
Accordingly, we affirm the trial court’s order terminating Mother’s parental
rights.2
AFFIRMED.
LEANNE JOHNSON
Justice
Submitted on October 31, 2023
Opinion Delivered November 9, 2023
Before Golemon, C.J., Johnson and Wright, JJ.
2
We note that if Appellant decides to pursue review in the Supreme Court of
Texas, counsel may satisfy his obligations to Appellant “by filing a petition for
review that satisfies the standards for an Anders brief.” In re P.M., 520 S.W.3d 24,
27-28 (Tex. 2016).
3
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.