Opinion
No. 04-18-00153-CV
06-07-2018
IN RE A.L.H. AND G.F.H.
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA01945
Honorable Charles E. Montemayor, Judge Presiding
ORDER
This is an accelerated appeal from the trial court's final order terminating appellant's parental rights. Appellant-father's court-appointed appellate counsel has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there is no meritorious issue to raise on appeal. See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944 (Tex. App.—San Antonio, May 21, 2003, order) (holding that Anders procedures apply to appeals from orders terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.—San Antonio, Sept. 10, 2003, no pet.) (mem. op.).
When counsel "cannot, in good faith, advance any arguable grounds of error," counsel's Anders brief must "contain a professional evaluation of the record demonstrating why, in effect, there are no arguable grounds to be advanced." High v. State, 573 S.W.2d 807, 812 (Tex. Crim. App. 1978). The brief must refer the court to anything in the record that might arguably support the appeal; discuss the evidence adduced at trial; supply the court with ready references to the record; and supply the court with appropriate citations to legal authorities. Id. at 812-13. "The [Anders] brief must demonstrate that counsel has conscientiously examined the record and determined that the appeal is so frivolous that the appellant is not entitled to counsel on appeal." Nichols v. State, 954 S.W.2d 83, 85 (Tex. App.—San Antonio 1997, no writ).
The brief filed by appointed counsel on behalf of appellant-father does not meet these requirements. Specifically, the brief does not recite or discuss any of the evidence presented at trial and it does not contain any legal analysis as to whether the evidence supports the trial court's findings. In sum, the brief does not contain a professional evaluation of the record and does not demonstrate there is no arguable issue for appeal.
We therefore strike counsel's Anders brief and order appellant-father's brief redrawn. We order the redrawn brief due June 22, 2018. We further order counsel to notify appellant that the Anders brief has been stricken and there is no current deadline for filing a pro se brief.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of June, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court