Court of Civil Appeals of Texas, 2011

Barry Michael Smith, Jr. v. State

Barry Michael Smith, Jr. v. State
Court of Civil Appeals of Texas · Decided June 2, 2011

Barry Michael Smith, Jr. v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00181-CV

Adella Edging, Appellant v. Texas Department of Family and Protective Services, Appellee

FROM THE DISTRICT COURT OF RUNNELS COUNTY, 119TH JUDICIAL DISTRICT NO. 726, HONORABLE BEN WOODWARD, JUDGE PRESIDING

MEMORANDUM OPINION

Adella Edging appeals the district court’s order terminating her parental rights to a minor child. Edging’s court-appointed attorney filed a brief concluding that the appeal is frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967), by presenting a professional evaluation of the record demonstrating why there are no arguable grounds to be advanced. See also Taylor v. Texas Dep’t of Protective & Regulatory Servs., 160 S.W.3d 641, 646-47 (Tex. App.—Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of parental rights). Counsel has certified to this Court that she provided Edging with a copy of the Anders brief, along with a notice advising Edging of her right to examine the appellate record and to file a pro se brief. No pro se brief has been filed.

We have reviewed the record and counsel’s brief and agree that the appeal is frivolous and without merit. We find nothing in the record that might arguably support the appeal. See Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex. Crim. App. 2005). Counsel’s motion to withdraw is granted.

The order of termination is affirmed.

__________________________________________ Diane M. Henson, Justice Before Chief Justice Jones, Justices Henson and Goodwin Affirmed Filed: June 2, 2011

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