In re K.E.P.

Fourth Court of Appeals San Antonio, TexasAug 31, 2018
No. 04-18-00469-CV (Tex. App. Aug. 31, 2018)

No. 04-18-00469-CV

08-31-2018

IN THE INTEREST OF K.E.P., ET AL


From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2017PA01351
Honorable Charles E. Montemayor, Judge Presiding

ORDER

Appellant appeals the trial court's termination of his parental rights. Appellant's court-appointed attorney has filed a brief and motion to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), in which he asserts there are no meritorious issues to raise on appeal. We have held that in parental-termination appeals, a procedure akin to Anders is necessary to best protect the statutory right to counsel on appeal, to provide a procedural mechanism for counsel to fulfill his ethical obligations, to assist the court in deciding appeals, and to provide consistent procedures for all indigent litigants. See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, at *4 (Tex. App.—San Antonio 2003, no pet.). In compliance with the procedure set out in Anders, appellant's attorney has stated that he sent a letter to appellant, which explained his right to review the record and file a pro se brief. See Kelly v. State, 436 S.W.3d 313 (Tex. Crim. App. 2014); In re R.R., 2003 WL 21157944, at *4. In the letter to appellant, counsel stated that he had enclosed copies of the brief and motion to withdraw. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4.

Counsel's letter also advised appellant that if he wishes to review the appellate record, he must file a motion in this court within ten days of receiving counsel's letter. Counsel also enclosed a form motion for this purpose. See Kelly, 436 S.W.3d at 313; In re R.R., 2003 WL 21157944, at *4.

If appellant desires to file a pro se brief, we ORDER that he do so on or before September 20, 2018. If appellant files a pro se brief, appellee may file a responsive brief no later than twenty days after the date appellant's pro se brief is filed in this court. We ORDER the motion to withdraw, filed by appellant's counsel, to be HELD IN ABEYANCE pending further order of the court.

/s/_________


Irene Rios, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 31st day of August, 2018.

/s/_________


KEITH E. HOTTLE,


Clerk of Court