## COURT OF APPEALS

REBECA C. MARTINEZ

CHIEF JUSTICE

PATRICIA O. ALVAREZ

LUZ ELENA D. CHAPA

IRENE RIOS

BETH WATKINS

LIZA A. RODRIGUEZ

LORI I. VALENZUELA

JUSTICES FOURTH COURT OF APPEALS DISTRICT

CADENA

- REEVES JUSTICE CENTER 300 DOLOROSA, SUITE 320 0 SAN ANTONIO, TEXAS 78205

- 3037

WWW.TXCOURTS.GOV/4THCOA.ASPX MICHAEL A. CRUZ,

CLERK OF COURT

TELEPHONE (210) 335

- 2635

FACSIMILE NO. (210) 335

- 2762

January 28, 2022

Audrey E. Manriquez Department of Family and Protective

Services 300 Dolorosa, 5th Fl oor San Antonio, TX 78205

* DELIVERED VIA E

- MAIL *

Georgina Escobedo

123 Fridell Street San Antonio, TX 78237

* DELIVERED VIA E

- MAIL &

POSTAL * M. Cecilia Hellrung Attorney at Law 2600 McCullough Avenue San Antonio, TX 78212

* DELIVERED VIA E

- MAIL *

Jay Brandon Assistant District Attorney

Paul Elizondo Tower 101 W. Nueva, 3rd Floor San Antonio, TX 78205

* DELIVERED VIA E

- MAIL *

RE: Court of Appeals Number: 04

- 21

- 00502

- CV

Trial Court Case Number: 2020PA01973 Style: In the Interest of N.J.E. Jr., N.J.E ., E.M.E., and E.J.E.

Enclosed please find the order which the Honorable Court of Appeals has issued in reference to the above styled and numbered cause.

If you should have any questions, please do not hesitate to contact me.

Very truly yours,

MICHAEL A. CRUZ

, Clerk of

Court

_____________________________ Veronica L. Gonzalez Deputy Clerk, Ext . 5

- 3220

cc: Joe D. Gonzales (DELIVERED VIA E

- MAIL) Ryan G. Anderson (DELIVERED V IA E

- MAIL) Shawn Sheffield (DELIVERED VIA E

- MAIL)

# Fourth Court of Appeals

San Antonio, Texas

January 28, 2022

No. 04

- 21

- 00502

- CV

IN THE INTEREST OF N.J.E. JR., N.J.E., E.M.E., AND E.J.E

.,

From the 150th Judicial District Court

, Bexar County, Texas

Trial Court No. 2020PA01973 Honorable Kimberly Burley , Judge Presiding



### O R D E R

Appellant G.E. 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 she asserts there are no meritorious issues to raise on appeal. We have held that in parental

- te rmination 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 her ethical obligations, to assist the court in deciding appeals, and to provide c onsistent procedures for all indigent litigants. In re R.R. , No. 04

- 03

- 00096

- CV, 2003 WL 21157944, at *4 (Tex. App.

— San Antonio 2003, no pet.); see In re P.M. , 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (applying Anders procedures in appeal from order terminating parental rights). In compliance with the procedure set out in Anders , appellant’s attorney has shown that she 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 31 3 (Tex. Crim. App. 2014); In re

A.L.H. , No. 04

- 18

- 00153

- CV, 2018 WL 3861695, at *2 (Tex. App.

— San Antonio Aug. 15, 2018, no pet.); In re R.R. , 2003 WL 21157944, at *4. In the letter to appellant, counsel stated that

she had enclosed copies of the brief and motion to withdraw. See Kelly , 436 S.W.3d at 313; In re

A.L.H. , 2018 WL 3861695, at *2; In re R.R. , 2003 WL 21157944, at *4.

Counsel also enclosed a copy of a form motion for access to the appellate record. See Kelly , 436 S.W.3d at 313; In re A.L.H.

, 20 18 WL 3861695, at *2; In re R.R. , 2003 WL 21157944, at *4. If appellant wishes to review the appellate record, she must file a motion within ten days from the date of this order.

Further, i f appellant desires to file a pro se brief, we ORDER that she do s o on or before February 17, 2022 . 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._________________________________ Liz a A. Rodrigue z , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 28th day of January, 2022

.

___________________________________ MICHAEL A . CRUZ

, Clerk of CourtMINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas

January 28, 2022

No. 04

- 21

- 00502

- CV

IN THE INTEREST OF N.J.E. JR., N.J.E., E.M.E., AND E.J.E

.,

From the 150th Judicial District Court

, Bexar County, Texas

Trial Court No. 2020PA01973 Honorable Kimberly Burley , Judge Presiding



### O R D E R

Appellant G.E. 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 she asserts there are no meritorious issues to raise on appeal. We have held that in parental

- te rmination 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 her ethical obligations, to assist the court in deciding appeals, and to provide c onsistent procedures for all indigent litigants. In re R.R. , No. 04

- 03

- 00096

- CV, 2003 WL 21157944, at *4 (Tex. App.

— San Antonio 2003, no pet.); see In re P.M. , 520 S.W.3d 24, 27 n.10 (Tex. 2016) (per curiam) (applying Anders procedures in appeal from order terminating parental rights). In compliance with the procedure set out in Anders , appellant’s attorney has shown that she 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 31 3 (Tex. Crim. App. 2014); In re

A.L.H. , No. 04

- 18

- 00153

- CV, 2018 WL 3861695, at *2 (Tex. App.

— San Antonio Aug. 15, 2018, no pet.); In re R.R. , 2003 WL 21157944, at *4. In the letter to appellant, counsel stated that

she had enclosed copies of the brief and motion to withdraw. See Kelly , 436 S.W.3d at 313; In re

A.L.H. , 2018 WL 3861695, at *2; In re R.R. , 2003 WL 21157944, at *4.

Counsel also enclosed a copy of a form motion for access to the appellate record. See Kelly , 436 S.W.3d at 313; In re A.L.H.

, 20 18 WL 3861695, at *2; In re R.R. , 2003 WL 21157944, at *4. If appellant wishes to review the appellate record, she must file a motion within ten days from the date of this order.

Further, i f appellant desires to file a pro se brief, we ORDER that she do s o on or before February 17, 2022 . 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/ Liza A. Rodriguez

Liz a A. Rodrigue z , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 28th day of January, 2022

./s/ Michael A. Cruz

MICHAEL A . CRUZ

, Clerk of Court

Entered this 28th day of January, 2022

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