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In re T.R.

In re T.R.
11:30:2009



In re T.R.









Filed 11/24/09 In re T.R. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 T.R., a Person Coming Under the Juvenile Court Law.



SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY,



Plaintiff and Respondent,



v.



KIMBERLY R.,



Defendant and Appellant.



D055523, D055823



(Super. Ct. No. J516433B)



CONSOLIDATED APPEALS from orders of the Superior Court of San Diego County, Laura J. Birkmeyer, Judge. Dismissed



Kimberly R. appeals the findings and orders entered at the termination of parental rights hearing held under Welfare and Institutions Code[1] section 366.26. She also appeals the denial of her section 388 petition. Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise it discretion to review the record for error.



In In re Sade C., the California Supreme Court held 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 [her] custody of a child or [her] status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny Kimberly's request to review the record for error and to address her Anders issues. (Anders v. California (1967) 386 U.S. 738.)



Kimberly's counsel also requests leave for her to file a supplemental brief in propria persona. The request is denied.



DISPOSITION



The appeal is dismissed.





IRION, J.



WE CONCUR:





HALLER, Acting P. J.





O'ROURKE, J.



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[1] Further statutory references are to the Welfare and Institutions Code.





Description Kimberly R. appeals the findings and orders entered at the termination of parental rights hearing held under Welfare and Institutions Code[1] section 366.26. She also appeals the denial of her section 388 petition. Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise it discretion to review the record for error. In In re Sade C., the California Supreme Court held 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 [her] custody of a child or [her] status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny Kimberly's request to review the record for error and to address her Anders issues. (Anders v. California (1967) 386 U.S. 738.)

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