In re Nicolette W.
Filed 2/14/13 In re Nicolette W. CA4/1
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 This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115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 NICOLETTE W. et al.,
Persons Coming Under the Juvenile Court Law.
SAN DIEGO
COUNTY HEALTH AND HUMAN SERVICES AGENCY,
Plaintiff and Respondent,
v.
MARK W.,
Defendant and Appellant.
D062917
(Super. Ct.
No. SJ11000A-B)
APPEAL from
an order of the Superior Court of
County, Gary M. Bubis, Judge.
Dismissed.
Mark W.
appeals findings and orders entered at a permanency plan and selection hearing
held pursuant to 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 that review pursuant to 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
Mark's requests to review the record for error and to address the
Citing In
re Phoenix H. (2009) 47 Cal.4th 835, counsel asks this court to exercise
its discretion to provide Mark with the opportunity to file a
persona. Counsel also asks this court to
order counsel to brief any arguable issue.
(Penson v. Ohio (1988)
488 U.S. 75, 88.) The requests are denied.
DISPOSITION
The appeal
is dismissed.
O'ROURKE, J.
WE CONCUR:
HUFFMAN,
Acting P.J.
HALLER,
J.
