Fear Not Law Articles: In re Jose A.

In re Jose A.

Filed 12/4/09 In re Jose A. 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 JOSE A., a Person Coming Under the Juvenile Court Law.

SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY,

Plaintiff and Respondent,

ESMERALDA C.,

Defendant and Appellant.

D055835

(Super. Ct. No. NJ14075)

APPEAL from orders of the Superior Court of San Diego County, Michael J. Imhoff, Commissioner. Dismissed

Esmeralda C. appeals the findings and orders entered at the jurisdiction and disposition hearing held under Welfare and Institutions Code[1] sections 300, subdivisions (b) and (g); and section 361, subdivision (c). Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise its 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 her requests to review the record for error and to address her Anders issues. (Anders v. California (1967) 386 U.S. 738.)

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

DISPOSITION

The appeal is dismissed.

McINTYRE, J.

WE CONCUR:

NARES, Acting P. J.

McDONALD, J.

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

Description	Esmeralda C. appeals the findings and orders entered at the jurisdiction and disposition hearing held under Welfare and Institutions Code[1] sections 300, subdivisions (b) and (g); and section 361, subdivision (c). Citing In re Sade C. (1996) 13 Cal.4th 952, she asks this court to exercise its 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 her requests to review the record for error and to address her Anders issues. (Anders v. California (1967) 386 U.S. 738.) Esmeralda's counsel also requests leave for her to file a supplemental brief in propria persona. The request is denied.
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