Anders Brief: Counsel excused from filing brief on the merits in appeal from order terminating parent's rights

Jessica Gutierrez v. Texas Department of Family and Protective Services, No. (Tex.App.- Austin, Aug. 28, 2007)(Opinion by Justice Patterson)(termination of parental rights, Anders brief)(Before Justices Patterson, Puryear and Pemberton)
Appeal from 198th District Court of McCulloch County

FROM THE DISTRICT COURT OF MCCULLOCH COUNTY, 198TH JUDICIAL DISTRICT
NO. 2005095, HONORABLE EMIL KARL PROHL, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

This is an appeal from an order terminating the parental rights of Jessica Gutierrez to her minor child, J.E.G. Ms. Gutierrez's court-appointed attorney filed an Anders brief containing a professional evaluation of the record and demonstrating that there are no arguable grounds to be advanced on appeal. See Anders v. California, 386 U.S. 738, 744 (1967). Counsel concludes that the appeal is without merit. The brief meets the requirements of Anders. See Taylor v. Texas Dep't of Family & Protective Servs., 160 S.W.3d 641, 646-47 (Tex. App.--Austin 2005, pet. denied) (applying Anders procedure in appeal from termination of parental rights).

A copy of counsel's brief was delivered to Ms. Gutierrez, who was advised of her right to examine the record and to file a pro se brief. Ms. Gutierrez submitted a letter acknowledging that she has a medical condition but denying that she has neglected her child. After reviewing the record, we have found nothing that would arguably support an appeal, and we agree that the appeal is frivolous and without merit. We affirm the judgment of the trial court and further grant counsel's motion to withdraw as attorney.
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Jan P. Patterson, Justice
Before Justices Patterson, Puryear and Pemberton
Affirmed
Filed: August 28, 2007