in the Interest of A.R., Jr., a Child

Opinion

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Fourth Court of Appeals San Antonio, Texas March 22, 2021

No. 04-20-00340-CV

IN THE INTEREST OF A.R., JR., A CHILD

From the 293rd Judicial District Court, Zavala County, Texas Trial Court No. 18-03-14124-ZCV Honorable Maribel Flores, Judge Presiding

ORDER Appellant appeals the trial court’s termination of his parental rights. Appellant’s court- appointed counsel has filed a brief and a motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. We have held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.). In compliance with the procedure set out in Anders, appellant’s attorney has shown that he sent a letter to appellant, which explained his right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re R.R., 2003 WL 21157944, at *4. In the letter, counsel stated that he had enclosed copies of the brief and the motion to withdraw. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4.

Counsel’s letter also advised appellant that if he wished to review the appellate record, he must file a motion in this court. Counsel subsequently provided appellant a form motion for this purpose. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4. If appellant desires to obtain a copy of the appellate record, he must file a motion for pro se access to the appellate record in this court on or before April 5, 2021.

If appellant desires to file a pro se brief, we ORDER that he do so on or before April 26, 2021. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant’s pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant’s counsel, to be HELD IN ABEYANCE pending further order of this court. FILE COPY

_________________________________ Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 22nd day of March, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court