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In re Diana N.
In re Diana N.
01/31/13






In re Diana N








In re Diana N.























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

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>NOT TO BE PUBLISHED IN
OFFICIAL REPORTS

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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 This opinion has not been
certified for publication or ordered published for purposes of rule 8.1115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






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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 href="http://www.adrservices.org/neutrals/frederick-mandabach.php">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 href="http://www.fearnotlaw.com/">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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