In the Matter of K.G. v. << (2016)

MEMORANDUM OPINION 1

This is an appeal from a juvenile court's judgment modifying appellant K.G.'s prior juvenile disposition to add electronic monitoring and to extend the term of his probation.  See Tex. Fam.Code Ann. § 54.05 (West Supp.2015).  K.G.'s court-appointed appellate counsel has filed a motion to withdraw and a brief in support of that motion.  Counsel states that he has reviewed the record and believes the appeal is frivolous.  Counsel's brief and motion meet the requirements of Anders v. California by presenting a professional evaluation of the record demonstrating why there are no arguable grounds for relief.  See 386 U.S. 738, 87 S.Ct. 1396 (1967).  K.G.'s appellate counsel notified K.G., by mailing him a letter in care of his mother, that he had the right to file a pro se response to counsel's Anders brief.  We also notified K.G. and his mother of K.G.'s right to file a response to counsel's Anders brief.  K.G. has not filed a response.

Once an appellant's court-appointed attorney files a motion to withdraw on the ground that the appeal is frivolous and fulfills the requirements of Anders, this court is obligated to undertake an independent examination of the record.  See Stafford v. State, 813 S.W.2d 503, 511 (Tex.Crim.App.1991);  Mays v. State, 904 S.W.2d 920, 922–23 (Tex.App.—Fort Worth 1995, no pet.).  When analyzing whether any grounds for appeal exist, we consider the record, the Anders brief and any pro se response.  In re Schulman, 252 S.W.3d 403, 408–09 (Tex.Crim.App.2008) (orig.proceeding).  Only then may we grant counsel's motion to withdraw.  See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S.Ct. 346, 351 (1988).

We have carefully reviewed counsel's brief and the appellate record.  Finding no reversible error, we agree with counsel that this appeal is without merit.  See In re J.A.G., No. 13–13–00716–CV, 2014 WL 5314495, at *1–2 (Tex.App.—Corpus Christi Oct. 16, 2014, no pet.) (mem. op., not designated for publication). Accordingly, we grant counsel's motion to withdraw and affirm the trial court's judgment.

FOOTNOTES

1.   See Tex.R.App. P. 47.4.

LEE GABRIEL, JUSTICE