IN THE

TENTH COURT OF APPEALS

No. 10-15-00081-CV

IN THE INTERESTOF Z.H., J.H., AND K.H., CHILDREN

From the 74th District Court

McLennan County, Texas

Trial Court No. 2013-2606-3

MEMORANDUM OPINION

After Appellant’s parental rights to his children Z.H., J.H., and K.H. were 

terminated following a bench trial,

1 Appellant’s appointed appellate counsel filed a 

notice of appeal.2 Appellant’s counsel has now filed an Anders brief and a motion to 

withdraw. Counsel asserts that she has diligently reviewed the record and that, in her

opinion, the appeal is frivolous. See Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 

 

1 Appellant’s rights were terminated under Family Code sections 161.001(1)(D), 161.001(1)(E), and 

161.001(1)(O).

2 The parental rights of D.S., the children’s mother, were also terminated, but she has not appealed. Also, 

she did not appear at trial.
In the Interest of Z.H., J.H., and K.H., Children Page 2

L.Ed.2d 493 (1967); In re E.L.Y., 69 S.W.3d 838, 841 (Tex. App.—Waco 2002, order)

(applying Anders to termination appeal). 

Counsel’s brief meets the requirements of Anders; it presents a professional 

evaluation demonstrating why there are no arguable grounds to advance on appeal. See 

In re Schulman, 252 S.W.3d 403, 407 n.9 (Tex. Crim. App. 2008) (“In Texas, an Anders brief 

need not specifically advance ‘arguable’ points of error if counsel finds none, but it must 

provide record references to the facts and procedural history and set out pertinent legal 

authorities.”); Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim. App. 1991). Appellant’s 

counsel has carefully discussed why, under controlling authority, there is no reversible 

error in the trial court’s order of termination. Counsel has informed us that she has: (1) 

examined the record and found no arguable grounds to advance on appeal; (2) served a 

copy of the brief and counsel’s motion to withdraw on Appellant; and (3) provided 

Appellant with a copy of the record and informed him of his right to file a pro se response. 

See Anders, 386 U.S. at 744, 87 S.Ct. at 1400; Stafford, 813 S.W.2d at 510 n.3; High v. State, 

573 S.W.2d 807, 813 (Tex. Crim. App. [Panel Op.] 1978); see also Schulman, 252 S.W.3d at 

409 n.23. Appellant did not file a pro se response.

Upon receiving an Anders brief, we must conduct a full examination of all the 

proceedings to determine whether the case is wholly frivolous. Penson v. Ohio, 488 U.S. 

75, 80, 109 S.Ct. 346, 349-50, 102 L.Ed.2d 300 (1988). An appeal is “wholly frivolous” or 

“without merit” when it “lacks any basis in law or fact.” McCoy v. Court of Appeals, 486 

U.S. 429, 439 n.10, 108 S.Ct. 1895, 1902 n.10, 100 L.Ed.2d 440 (1988).
In the Interest of Z.H., J.H., and K.H., Children Page 3

We have reviewed the entire record and counsel’s brief and have found nothing 

that would arguably support an appeal. See Bledsoe v. State, 178 S.W.3d 824, 827-28 (Tex. 

Crim. App. 2005) (“Due to the nature of Anders briefs, by indicating in the opinion that it 

considered the issues raised in the briefs and reviewed the record for reversible error but 

found none, the court of appeals met the requirement of Texas Rule of Appellate 

Procedure 47.1.”); Stafford, 813 S.W.2d at 509. Accordingly, we affirm the trial court’s 

order of termination.

In accordance with Anders, counsel has filed a motion to withdraw. We grant 

counsel’s motion to withdraw.3 Within five days of the date of this Court’s opinion and 

judgment, counsel is ordered to send a copy of the opinion and judgment to Appellant 

and to advise Appellant of his right to pursue a petition for review in the Texas Supreme 

Court.

REX D. DAVIS

Justice

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Affirmed

Opinion delivered and filed June 25, 2015

[CV06]

 

3 Any petition for review must be filed within forty-five days after the date of either this opinion or the last 

ruling by this Court on all timely filed motions for rehearing. See TEX. R. APP. P. 53.7(a). Any petition for 

review must comply with the requirements of Texas Rule of Appellate Procedure 53.2. See id. at R. 53.2.