In the Interest of P.W.O., a Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 22, 2024
• Docket: 10-23-00366-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-23-00366-CV

IN THE INTEREST OF P.W.O., A CHILD

From the County Court at Law Bosque County, Texas Trial Court No. CV22-271

MEMORANDUM OPINION

The father of P.W.O. appealed a judgment of the trial court in a suit brought by

the Department of Family and Protective Services. See TEX. FAM. CODE § 263.405. In its

final order, the trial court did not terminate the father's parental rights, but appointed the

paternal grandmother the permanent managing conservator of the child. The father and

mother 1 were named possessory conservators. Father's court-appointed appellate

attorney has filed a brief containing a professional evaluation of the record and alleging

that there are no arguable grounds to be advanced on appeal. Counsel concluded that

1 The mother did not appeal the trial court's judgment. the appeal is frivolous and without merit. The brief meets the requirements of Anders v.

California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). See In re E.L.Y., 69 S.W.3d

838, 841 (Tex. App.—Waco 2002, order) (applying Anders to termination appeals); In the

Interest of Z.N., No. 10-17-00177-CV, 2017 Tex. App. LEXIS 8890 at *2, 2017 WL 4182482

(Tex. App.—Waco Sep. 20, 2017, no pet.) (mem. op.) (applying Anders to final order in

which trial court did not terminate mother's parental rights, but appointed maternal

grandmother as children's managing conservator and children's parents as possessory

conservators).

Counsel certified that a copy of her brief was delivered by email to the father, 2 that

she had provided him a copy of the record, and advised him of his right to examine the

record and to file a pro se brief on his own behalf. This Court also informed the father of

his rights and ability to file a response with this Court. The father has not filed a response.

Counsel included a recitation of the facts in the Anders brief and asserted that

counsel reviewed the record for any potentially meritorious issues and determined there

is no non-frivolous issue to raise in this appeal. Counsel's brief evidences a professional

evaluation of the record, and we conclude that counsel performed the duties required of

appointed counsel. See Anders, 386 U.S. at 744; see also In re Schulman, 252 S.W.3d 403,

406-408 (Tex. Crim. App. 2008).

2 The record reflects that the father refused to provide his address to his counsel or the department. He did not appear for the final trial.

In the Interest of P.W.O., a Child Page 2 Upon the filing of the Anders brief, as the reviewing appellate court, it is our duty

to independently examine the record to decide whether counsel is correct in determining

that an appeal is frivolous. See In the Interest of G.P., 503 S.W.3d 531, 536 (Tex. App.—

Waco 2016, pet. denied). Arguments are frivolous when they "cannot conceivably

persuade the court." McCoy v. Court of Appeals, 486 U.S. 429, 436, 108 S. Ct. 1895, 100 L.

Ed. 2d 440 (1988).

Having carefully reviewed the entire record and the Anders brief, we agree with

counsel that the appeal is frivolous. See In re D.D., 279 S.W.3d 849, 850 (Tex. App.—Dallas

2009, pet. denied). Accordingly, we affirm the trial court's order.

CONCLUSION

Having found no potentially meritorious issues presented in this appeal, we affirm

the judgment of the trial court.

TOM GRAY Chief Justice

Before Chief Justice Gray, Justice Johnson, and Justice Smith Affirmed Opinion delivered and filed February 22, 2024 CV06

In the Interest of P.W.O., a Child Page 3