In re Diana N.

In re Diana N


In re Diana N.











Filed 1/22/13 In re Diana N. CA4/1






NOT TO BE PUBLISHED IN OFFICIAL REPORTS



California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA



In re DIANA N., a Person Coming Under the Juvenile Court Law.



SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

v.

JAMES M.,

Defendant and Appellant.

D062697


(Super. Ct. No. J518003)


APPEAL from orders of the Superior Court of San Diego County, Cynthia Bashant, Judge. Dismissed.

James M. appeals the findings and orders entered at the termination of parental rights hearing held under Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952, he asks this court to exercise its discretion to review the record for error.
In In re Sade C., the California Supreme Court held review under People v. Wende (1979) 25 Cal.3d 436 is unavailable in "an indigent parent's appeal from a judgment or order obtained by the state, adversely affecting his custody of a child or his status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny James's request to review the record for error and to address his Anders issue. (Anders v. California (1967) 386 U.S. 738.)
Citing In re Phoenix H. (2009) 47 Cal.4th 835, James's counsel also asks this court to exercise its discretion to provide him the opportunity to file a supplemental brief in propria persona. The request is denied.
DISPOSITION
The appeal is dismissed.


AARON, J.

WE CONCUR:



McCONNELL, P. J.



O'ROURKE, J.

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