In the Matter of D.S., a Juvenile v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: March 4, 2024
• Docket: 05-23-00479-CV
• Status: Published

Opinion

AFFIRMED and Opinion Filed March 4, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00479-CV

IN THE MATTER OF D.S., A JUVENILE

On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-21-00797-X

MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Goldstein Opinion by Justice Goldstein D.S. appeals the trial court’s order modifying his disposition. D.S. was

adjudicated delinquent on two aggravated robbery charges and was given a four-

year determinate sentence, probated for four years. The State later filed a motion to

modify that disposition alleging D.S. violated the terms of his probation, including

that he had committed an aggravated robbery. Following an evidentiary hearing, the

trial court modified D.S.’s disposition and committed appellant to the custody of the

Texas Juvenile Justice Department for a period of four years. D.S.’s court-

appointed counsel filed a notice of appeal on D.S.’s behalf and has since filed a brief,

stating that in his professional opinion the appeal is without merit and that there are no arguable grounds for reversal. See Anders v. California, 386 U.S. 738, 744

(1967).

Anders procedures are appropriate in appeals from juvenile delinquency

adjudications. See In Re D.A.S., 973 S.W.2d 226, 297 (Tex. 1998) (orig. proceeding)

(Because Anders protects juveniles’ statutory right to counsel on appeal, we hold the

procedures enumerated in Anders apply to juvenile appeals). An attorney has an

ethical obligation to refuse to prosecute a frivolous appeal. In re Schulman, 252

S.W.3d 403, 407 (Tex. Crim. App. 2008). Under the Anders procedure, if appointed

counsel finds the appeal frivolous, counsel must file a brief explaining why the

appeal lacks merit. Anders, 386 U.S. 744-45; D.A.S., 973 S.W.2d at 297. A copy of

that brief must be provided to the juvenile’s parent or guardian. The juvenile thus

has the ability to advance his or her appeal through a parent, legal guardian, next

friend, or guardian ad litem. See D.A.S., 973 S.W. 2d at 297.

Here, D.S.’s counsel provided D.S.’s Mother with a copy of the Anders brief

and advised Mother of her right to examine the record and file her own response.

This Court separately provided Mother with a copy of the brief and notified her of

her right to examine the record and file a response. Mother has not responded.

In his brief, D.S.’s counsel demonstrated that he reviewed the record and

concluded the appeal was without merit and frivolous. See Anders, 386 U.S. at 744.

He states that in his professional opinion no arguable grounds for reversal exist and

that any appeal would therefore lack merit. See id. Counsel’s brief meets the

–2– minimum Anders requirements by presenting a professional evaluation of the record

and stating why there are no arguable grounds for reversal on appeal. See id.;

Schulman, 252 S.W.3d at 409 n.23. We have independently reviewed the record and

counsel’s brief and we agree the appeal is frivolous and without merit.

Accordingly, we affirm the trial court’s modification order.

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 230479F.P05

–3– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE MATTER OF D.S., A On Appeal from the 305th Judicial JUVENILE District Court, Dallas County, Texas Trial Court Cause No. JD-21-00797- No. 05-23-00479-CV X. Opinion delivered by Justice Goldstein. Justices Molberg and Pedersen, III participating.

In accordance with this Court’s opinion of this date, the trial court’s modification order is AFFIRMED.

Judgment entered March 4, 2024.

–4–