in the Interest of C.N.H., a Child

Court of Appeals of Texas·Decided May 23, 2012·No. 04-12-00037-CV·Published

Opinion

MEMORANDUM OPINION No. 04-12-00037-CV

IN THE INTEREST OF C.N.H., A Child

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2010-PA-01410 Honorable Charles Montemayor, Associate Judge Presiding 1

Opinion by: Phylis J. Speedlin, Justice

Sitting: Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice

Delivered and Filed: May 23, 2012

AFFIRMED; MOTION TO WITHDRAW GRANTED

Tasha F. 2 appeals the trial court’s order terminating her parental rights to C.N.H. See

TEX. FAM. CODE ANN. §§ 161.001(1)(D), (2) (West Supp. 2011). Tasha’s court-appointed

counsel filed a brief stating that he has conducted a professional evaluation of the record and

there are no meritorious issues to appeal. Counsel concludes that the appeal is wholly without

merit. The brief meets the requirements of Anders v. California, 386 U.S. 738 (1967). See In re

R.R., No. 04–03–00096–CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio May 21,

1 The Honorable David A. Berchelmann is the presiding judge of the 37th Judicial District Court. However, the order of termination was signed by the Honorable Charles Montemayor, Associate Judge. The order denying Tasha’s motion for de novo hearing was signed by the Honorable Barbara Hanson Nellermoe, presiding judge of the 45th Judicial District Court, on February 14, 2012. 2 To protect the identity of the minor child, we refer to the parent and child by an alias. See TEX. R. APP. P. 9.8. 04-12-00037-CV

2003, no pet.) (applying Anders procedure in appeal from termination of parental rights), disp. on

merits, 2003 WL 22080522 (Tex. App.—San Antonio Sept. 10, 2003, no pet.) (mem. op.); see

also In re D.E.S., 135 S.W.3d 326, 329 (Tex. App.—Houston [14th Dist.] 2004, no pet.) (same).

Counsel certified that he sent a copy of the Anders brief to Tasha and advised her of her

right to examine the record and to file a pro se brief. Tasha has not filed a pro se brief.

After reviewing the brief and the record, we agree that the appeal is without merit.

Therefore, we affirm the trial court’s order and grant counsel’s motion to withdraw. Nichols v.

State, 954 S.W.2d 83, 86 (Tex. App.—San Antonio 1997, no pet.); Bruns v. State, 924 S.W.2d

176, 177 n.1 (Tex. App.—San Antonio 1996, no pet.).

Phylis J. Speedlin, Justice

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Bruns v. State
924 S.W.2d 176 (Court of Appeals of Texas, 1996)
Nichols v. State
954 S.W.2d 83 (Court of Appeals of Texas, 1997)
in the Interest of D.E.S, A.L.G, C.W.M.G, II, and M.P.G., Children
135 S.W.3d 326 (Court of Appeals of Texas, 2004)