State
Date Filed2010-12-29
Docket04-10-00449-CV
Cited235 times
StatusPublished
Full Opinion (html_with_citations)
MEMORANDUM OPINION
Nos. 04-10-00448-CV & 04-10-00449-CV
THE STATE OF TEXAS FOR THE BEST INTEREST AND PROTECTION OF P.H.,
as a Mentally Ill Person
From the Probate Court No. 1, Bexar County, Texas
Trial Court Nos. 2010-MH-1213 & 2010-MH-1265
Honorable Polly Jackson Spencer, 1 Judge Presiding
Opinion by: Phylis J. Speedlin, Justice
Sitting: Catherine Stone, Chief Justice
Phylis J. Speedlin, Justice
Steven C. Hilbig, Justice
Delivered and Filed: December 29, 2010
AFFIRMED
P.H. appeals the trial courtās judgments involuntarily committing her for temporary
mental health services and compelling the administration of psychoactive medication. P.H.ās
court-appointed attorney filed a brief containing a professional evaluation of the record in
accordance with Anders v. California, 386 U.S. 738(1967); The State of Texas for the Best Interest & Protection of L.E.H., Jr.,228 S.W.3d 219, 220-21
(Tex. App.āSan Antonio 2007, no
pet.) (holding Anders procedure is appropriately applied when court-appointed counsel
concludes an appeal of an involuntary commitment order is frivolous). Counsel concludes that
1
The Honorable Polly Jackson Spencer, presiding judge of Probate Court No. 1, Bexar County, Texas, signed the
following judgments: āJudgmentāCourt-Ordered Temporary Mental Health Servicesā and āOrder to Compel
Psychoactive Medicationsā; however, the Honorable Oscar J. Kazen, Associate Probate Judge, Bexar County,
Texas, conducted the hearing and ruled on the motions.
04-10-00448-CV & 04-10-00449-CV
the appeal has no merit. Counsel provided P.H. with a copy of the brief and informed her of her
right to review the record and file her own brief. See Nichols v. State, 954 S.W.2d 83, 85-86(Tex. App.āSan Antonio 1997, no pet.); Bruns v. State,924 S.W.2d 176
, 177 n.1 (Tex. App.ā
San Antonio 1996, no pet.). This court issued an order informing P.H. of her right to file a pro
se brief; however, P.H. did not file a brief.
After reviewing the record and counselās brief, we agree that the appeals are frivolous
and without merit. The judgments of the trial court are affirmed. Appellate counselās motions to
withdraw are granted. Nichols, 954 S.W.2d at 86; Bruns,924 S.W.2d at 177
n.1.
Phylis J. Speedlin, Justice
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