In re Diana N.
Filed 1/22/13 In
re Diana N. CA4/1
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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115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
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
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
persona. The request is denied.
DISPOSITION
The appeal is dismissed.
AARON,
J.
WE CONCUR:
McCONNELL, P. J.
O'ROURKE, J.
