COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

IN THE MATTER OF J.A.H

. ' ' ' ' ' ' No. 08

- 11

- 00115

- C V

Appeal from the
323 rd Judicial District Court
of Tarrant County , Texas (TC# 91709

- J )

MEMORANDUM OPINION On January 2 5 , 201 0 , Appellant , a juvenile, was adjudicated delinquent on a
determinate

- sentence petition alleging the first

- degree felony offense of aggravated robbery with a deadly weapon for which he was sentenced to forty years’ confinement in
the Texas Youth C ommission with possible transfer to the adult system. TEX. PEN AL
C ODE ANN. § 29.03 (West 2011 ) ; TEX. FAM. CODE ANN

. § § 51.03, 53.045 (a) (West
200 8 ). On January 4, 2011 , t he Texas Youth Commission requested the trial court to
conduct a hearing for the purpose of considering the transfer of Appellant from the custody of the Commission to the custody of the Texas Department of Crim inal
Justice

- Institutional Division (TDCJ

- ID) for the remainder of his sentence. TEX. FAM.
CODE ANN. § 54.11 (W est 200 8 ). The trial court set a hearing to be conducted on February 17, 2011. On that date, Appellant waived a public hearing under Section
5 4.11(f) of the Texas Family Code and, a s agreed by the parties, t he trial court continued2

the hearing from February 17, 2011, to March 8, 2011. TEX. FAM. CODE ANN . § 54.11(f) (West 200 8 ). After the conclusion of evidence, which included but was not
limited to testi mony and extensive record evidence showing no fewer than 177 incidents of Appellant’s misconduct, the pendency of an additional felony charge, Appellant’s failure to advance in his rehabilitation program, and the repeated but u nsuccessful attempts of the Commission staff and professionals to address Appellant’s behavior and rehabilitation during his first year of custody , the trial court found that the welfare of the community required that custody of Appellant be transferred to TDCJ

- ID for the remainder of his

sentence. TEX. FAM. CODE ANN. § 54.11(k) (West 200 8 ) ; Act of May 20, 2009 , 81 st Leg., R.S., ch. 87 , § 25.114 , 2009 Tex. Sess. Law Serv. (West 2009) ( formerly TEX. HUM.
RES. CODE ANN . § 61.084(c) redesignated as TEX. HUM. RES. CODE ANN . § 245.151(c) (West 2011) and amended by Act of May 19, 2011, 82 nd Leg., ch. 85, § 1.007 , 2011 Tex. Sess. Law Serv. (West 2011)

. Appellant appeals the trial court’s order transferring his custody to TDCJ

- ID. We affirm. Appellant ’ s court

- appointed counsel has filed a brief in which he has concluded that the appeal is wholly frivolous and without merit. The brief meets the requirements of Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied , 388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2 d 1377 (1967), by advancing two contentions which counsel says might arguably support the appeal. See High v. State , 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State , 516 S.W.2d 684 (Tex. Crim. App. 1974); Jackson v. State , 48 5 S.W.2d 553 (Tex.Crim. App. 1972); Gainous v. State , 436 S.W.2d 137 (Tex. Crim. App.3

1969) ; see also In re D.A.S. , 973 S.W.2d 296, 298 (Tex. 1998) (Texas Supreme Court held
that the Anders procedure applies to juvenile appeals and noted that, although juve nile

- delinquency proceedings are classified as civil, their nature is quasi

- criminal) . A copy of counsel ’ s brief has been delivered to Appellant, and Appellant has been advised of his right to examine the appellate record and file a pro se brief. No pro se brief has been
filed. The State has not file d a brief.
We hav e carefully reviewed the extensive record which is replete with detailed facts supporting the trial court’s decision. We have also carefully reviewed counsel ’ s brief and
agree with Appellant ’s counsel that the appeal is wholly frivolous and without merit. A
discussion of the contentions advanced in counsel ’ s brief would add nothing to the jurisprudence of the state. Further, we find nothing in the record that might arguably support the appe al.
The order is affirmed.

GUADALUPE RIVERA, Justice July 5, 2012 Before McClure, C.J., Rivera, J., and Antcliff, J.