Crystal Gale Goltl Pitts v. Texas Department of Family and Protective Services

• Court: Court of Appeals of Texas
• Decided: August 31, 2010
• Docket: 03-10-00116-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00116-CV

Crystal Gale Goltl Pitts, Appellant

v.

Texas Department of Protective and Regulatory Services, Appellee

FROM THE DISTRICT COURT OF TOM GREEN COUNTY, 340TH JUDICIAL DISTRICT NO. C-08-0144-CPS, HONORABLE JAY K. WEATHERBY, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Crystal Gale Goltl Pitts brings this accelerated appeal from the district

court’s final decree terminating her parental rights to her minor child, J.J.G. Appellant’s

court-appointed counsel has filed a motion to withdraw and an Anders brief, concluding that Pitts’s

appeal is frivolous and without merit. Counsel’s brief meets the requirements of Anders by

presenting a professional evaluation of the record and demonstrating that there are no arguable

grounds for appeal. See Anders v. California, 386 U.S. 738, 744 (1967); 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 parental-rights termination appeal).

Pitts was provided with copies of her counsel’s brief and motion to withdraw and

advised of her right to examine the record and to file a pro se brief. More than thirty days have

passed, and she has not filed a pro se brief or communicated with this Court in any way. Because our review of the record reveals nothing that would arguably support an appeal, we agree that the

appeal is frivolous and without merit. See Anders, 386 U.S. at 741-44; Taylor, 160 S.W.3d at

646-47. We affirm the district court’s decree of termination and grant counsel’s motion to withdraw.

__________________________________________

J. Woodfin Jones, Chief Justice

Before Chief Justice Jones, Justices Puryear and Pemberton

Affirmed

Filed: August 31, 2010