CourtListener 10855992•In the Interest of J.M.V v. a Child v. the State of Texas
In the Interest of J.M.V v. a Child v. the State of Texas
CourtListener 10855992Txctapp10May 7, 2026
Full text
Court of Appeals
Tenth Appellate District of Texas
10-25-00479-CV
In the Interest of J.M.V.V., a Child
On appeal from the
474th District Court of McLennan County, Texas
Judge Nikki Mundkowsky, presiding
Trial Court Cause No. 2024-3276-6
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
The trial court terminated Father’s parental rights to J.M.V.V. and
appointed the Department of Family and Protective Services as managing
conservator of the child.1 See TEX. FAM. CODE ANN. § 161.001. Father’s
attorney has now filed an Anders brief asserting that he diligently reviewed
the record and that he believes the appeal is frivolous. See generally Anders v.
California, 386 U.S. 738 (1967); In re A.S., 653 S.W.3d 298 (Tex. App.—Waco
2022, no pet.). Father filed a pro se response to counsel’s Anders brief, and the
State filed its response.
1 The trial court also terminated Mother’s parental rights to J.M.V.V., but Mother did not appeal.
Counsel’s brief details the relevant facts of the case and its procedural
history, and demonstrates why, under controlling authority, there exists 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). We further conclude that
counsel performed the educational duties required of appointed counsel upon
the filing of an Anders brief. See Anders, 386 U.S. at 744; In re A.S., 653 S.W.3d
at 299-300.
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, counsel’s brief,
Father’s pro se response, and the State’s response, and we have determined
that the appeal is frivolous. Accordingly, we affirm the trial court’s order of
termination.
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 his duties. See id.
In the Interest of J.M.V.V., a Child Page 2
STEVE SMITH
Justice
OPINION DELIVERED and FILED: May 7, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Affirmed; Motion denied
Do not publish
CV06
In the Interest of J.M.V.V., a Child Page 3
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