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In re C.R.

California Court of Appeals, Third District, Sacramento
Sep 4, 2009
No. C059624 (Cal. Ct. App. Sep. 4, 2009)

Opinion


In re C. R., a Person Coming Under the Juvenile Court Law. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, Plaintiff and Respondent, v. T. H., Defendant and Appellant. C059624 California Court of Appeal, Third District, Sacramento September 4, 2009

NOT TO BE PUBLISHED

Super. Ct. No. JD206365

Scotland, P. J., Raye, J., Butz, J.

ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on August 13, 2009, be modified as follows:

1. On page 1, the second sentence of the first paragraph is modified to read as follows:

Appellant contends the court acted in excess of its jurisdiction in considering and granting the motion for reconsideration; the mother, who brought the motion, lacked standing to do so; reappointment of his prior attorney deprived him of effective assistance of counsel; and the Law Offices of Dale Wilson, responsible for selecting conflict counsel, breached a duty of loyalty to appellant, thereby providing ineffective assistance of counsel.

2. On page 5, the second sentence of the first paragraph under the heading “Discussion” is modified to read as follows:

However, at oral argument, appellant’s counsel, having been so informed by respondent’s counsel, advised the court that on February 19, 2009, subsequent to the filing of the notice of appeal, the court once again considered the question of appellant’s representation, granted the previously reappointed counsel’s request to be relieved, and appointed different counsel.

Footnote 3 remains unchanged.

3. On page 6, the second full sentence, beginning with “Appellant agrees the case is moot,” is deleted and the following sentence is inserted in its place:

Appellant argues the case is not moot, but even if it is, it should be decided in the public interest.

There is no change in the judgment.

Appellant’s petition for rehearing is denied.


Summaries of

In re C.R.

California Court of Appeals, Third District, Sacramento
Sep 4, 2009
No. C059624 (Cal. Ct. App. Sep. 4, 2009)
Case details for

In re C.R.

Case Details

Full title:In re C. R., a Person Coming Under the Juvenile Court Law. SACRAMENTO…

Court:California Court of Appeals, Third District, Sacramento

Date published: Sep 4, 2009

Citations

No. C059624 (Cal. Ct. App. Sep. 4, 2009)