Court of Appeals of Texas, 2012

in the Interest of K. B., a Child

in the Interest of K. B., a Child
Court of Appeals of Texas · Decided May 11, 2012
in the Interest of K. B., a Child

Opinion

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana ______________________________

No. 06-12-00001-CV ______________________________

IN THE INTEREST OF K.B., A CHILD

On Appeal from the 115th Judicial District Court

Upshur County, Texas

Trial Court No. 179-11

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Chief Justice Morriss MEMORANDUM OPINION

James’ 1 parental rights to K.B. were terminated. James is represented on appeal by court-appointed counsel who has filed a brief in accordance with the requirements of Anders v. California, 386 U.S. 738 (1967).2 Court-appointed counsel has concluded that, after a thorough review of the record, this appeal is frivolous and without merit.

The Anders brief filed by James’ counsel presents a professional evaluation of the record demonstrating why there are no arguable grounds for reversal. Counsel has established that he provided James with a copy of the Anders brief, notified him of his right to file a pro se response, and explained how he could obtain a copy of the appellate record. James has not exercised his right to file a pro se response. Court-appointed counsel’s brief meets the requirements of Anders by providing a professional evaluation of the record and advancing a contention of possible error which might arguably support the appeal. See Anders, 386 U.S. at 744; High v. State, 573 S.W.2d 807 (Tex. Crim. App. [Panel Op.] 1978).

Having thoroughly reviewed the record and counsel’s brief, we agree with counsel’s assessment that the appeal is frivolous and without merit. We find nothing in the record that could arguably support the appeal. We affirm the trial court’s final order terminating James’ parental rights to K.B. and grant counsel’s motion to withdraw.

Josh R. Morriss, III

Chief Justice

Date Submitted: May 10, 2012

Date Decided: May 11, 2012

1 To protect the privacy of K.B., we will refer to the biological father as James. 2 We have previously recognized and agreed that Anders applies to an appeal from a termination of parental rights. In re P.M.H., No. 06-10-00008-CV, 2010 WL 1794390, at *1 (Tex. App.—Texarkana May 6, 2010, no pet.) (mem. op.).

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