CourtListener 10673842•In the Interest of I.R.C. and J.L.C., Children v. the State of Texas
In the Interest of I.R.C. and J.L.C., Children v. the State of Texas
CourtListener 10673842Txctapp1018.09.2025
Gesamter Gesetzestext
Court of Appeals
Tenth Appellate District of Texas
10-25-00180-CV
In the Interest of I.R.C. and J.L.C., Children
On appeal from the
272nd District Court of Brazos County, Texas
Judge Andrea L. James, presiding
Trial Court Cause No. 24-001234-CV-272
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
The trial court terminated Father’s parental rights to I.R.C. and J.L.C.
pursuant to Subsections 161.001(b)(1)(D) and 161.001(b)(1)(E) of the Family
Code, and found that termination was in the best interest of each child. See
TEX. FAM. CODE ANN. §§ 161.001(b)(1)(D), (b)(1)(E), (b)(2).1 Father’s attorney
has now filed an Anders brief asserting that he diligently reviewed the record
and that he believes the appeal to be frivolous. See generally Anders v.
California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); In re A.S., 653
S.W.3d 298 (Tex. App.—Waco 2022, no pet.). Father did not file a pro se
response to counsel’s Anders brief.
1 The trial court also terminated Mother’s parental rights to the children. Mother did not appeal.
Counsel’s brief details the relevant facts of the case and its procedural
history, and presents a professional evaluation demonstrating why, under
controlling authority, there is no reversible error in the trial court’s
termination order. See Stafford v. State, 813 S.W.2d 503, 510 n.3 (Tex. Crim.
App. 1991). Counsel also served Father with a copy of the Anders brief,
informed Father of his right to review the appellate record and file a pro se
response, provided Father with a form motion for pro se access to the appellate
record, and notified Father of his right to request counsel to file a petition for
review on his behalf with the Texas Supreme Court. See Anders, 386 U.S. at
744; In re A.S., 653 S.W.3d at 299-300. We conclude that counsel performed
the duties required of appointed counsel. See Anders, 386 U.S. at 744; see also
In re Schulman, 252 S.W.3d 403, 406-08 (Tex. Crim. App. 2008).
As the reviewing appellate court, it is our duty upon receiving an Anders
brief to independently examine the record to determine whether the appeal is
frivolous. See Penson v. Ohio, 488 U.S. 75, 80 (1988). Arguments are frivolous
when they “cannot conceivably persuade the court.” McCoy v. Court of Appeals,
486 U.S. 429, 436 (1988). We have reviewed the entire record and counsel’s
brief, and we have determined that the appeal is frivolous. Accordingly, we
affirm the judgment of the trial court.
In the Interest of I.R.C. and J.L.C., Children Page 2
Counsel’s motion to withdraw as Father's counsel is premature and is
denied. See In re P.M., 520 S.W.3d 24, 27 (Tex. 2016). Accordingly, if Father
desires to file a petition for review, his appellate counsel remains appointed in
this case through any proceedings in the Texas Supreme Court unless
otherwise relieved of these duties. See id.
Conclusion
Having found that Father’s appeal is frivolous, we affirm the judgment
of the trial court. We deny Father’s counsel’s motion to withdraw.
STEVE SMITH
Justice
OPINION DELIVERED and FILED: September 18, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed; Motion denied
CV06
In the Interest of I.R.C. and J.L.C., Children Page 3
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