Ennis Lee Denson v. The State of Texas--Appeal from Criminal District Court No. 4 of Tarrant County

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Laws-info.com » Cases » Texas » 2nd District Court of Appeals » 2009 » Ennis Lee Denson v. The State of Texas--Appeal from Criminal District Court No. 4 of Tarrant County

State: Texas

Court: Criminal Court of Appeals

Docket No: 02-09-00001-CR

Case Date: 12/10/2009

Plaintiff: Ennis Lee Denson

Defendant: The State of Texas--Appeal from Criminal District Court No. 4 of Tarrant County

Preview:In the Interest of C.A., et al., Minor Children--Appeal from 37th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-07-00620-CV IN THE INTEREST OF C.A. and K.E., Children From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2006-PA-01828 Honorable David A. Berchelmann, Judge Presiding (1) Opinion by: Steven C. Hilbig, Justice

Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Steven C. Hilbig, Justice

Delivered and Filed: April 2, 2008

MOTION TO WITHDRAW GRANTED; AFFIRMED Carol M. and Edward E. appeal the trial court's judgment terminating their parental rights and its order finding their appellate points frivolous. See Tex. Fam. Code Ann. 263.405( d)(3) (Vernon Supp. 2007). Appellants' court-appointed appellate attorneys each filed a motion to withdraw and a brief containing a professional evaluation of the record demonstrating there are no arguable grounds to be advanced and concluding the appeal is frivolous. The briefs meet the requirements of Anders v. California, 386 U.S. 738 (1967). See In re R.R., No. 04-03-00096-CV, 2003 WL 21157944, *4 (Tex. App.-San Antonio May 21, 2003, order) (applying Anders procedure to appeals from orders terminating parental rights), disp. on merits, 2003 WL 22080522 (Tex. App.-San Antonio Sept. 10, 2003, no pet.) (mem. op.). Appellants were provided copies of the briefs and informed of their rights to file their own briefs. See Nichols v. State, 954 S.W.2d 83, 85-86 (Tex. App.-San Antonio, July 23, 1997, no pet.); In re R.R., 2003 WL 21157944, at *4. Carol M. and Edward E. each filed a pro se brief. We have reviewed the record, the attorneys' briefs, and appellants' briefs, and we agree with counsel that the appellate points do not present a substantial question for appellate review. See Tex. Civ. Prac. & Rem. Code Ann. 13.003(b) (Vernon 2002); Tex. Fam. Code Ann. 263.405( d)(3) (incorporating section 13.003(b) by reference). Accordingly, we hold the trial court did not abuse its discretion in finding the points of appeal to be frivolous. We grant the motions to withdraw and affirm the trial court's judgment.

Steven C. Hilbig, Justice 1. The Honorable David A. Berchelmann is the presiding judge of the 37th Judicial District Court, Bexar County, Texas. However, the Honorable Charles Montemayor, Associate Judge, presided over the parental termination proceeding and signed the final termination order that is at issue in this appeal.

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