Opinion
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
APPEAL from a judgment of the Superior Court of Los Angeles County Super. Ct. No. CK58854. David Milton, Judge, Joan Carney and Heidi Shirley, Referees. Richard Hughes, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21)
Andre F. Toscano, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearances for Plaintiff and Respondent.
FLIER, J.
Devon L. was born in August 2005. The trial court terminated Antonio M.’s parental rights; this appeal is from that order.
Devon’s mother is a frequent user of illicit drugs, consorts with people who use drugs and has endangered Devon’s safety and well-being. Currently, Devon is placed with a married couple who seek to adopt Devon and who are in the process of adopting Devon’s sibling. Los Angeles County Department of Children and Family Services reports that Devon is thriving in this home, which received a favorable evaluation from the department.
Antonio M. has nine felony convictions over a 16-year period, is currently incarcerated in state prison and is not expected to be released before October 2008. Antonio M. testified that, prior to his current incarceration, he spent August and September 2005 with Devon. Devon was brought twice to visit Antonio M. in prison.
The trial court found that there was clear and convincing evidence that Devon would be adopted and that there was no evidence that the exception of Welfare and Institutions Code section 366.26, subdivision (c)(1)(A) applied, i.e., Antonio M. did not maintain regular contact with Devon and there was nothing to indicate that Devon would benefit from continuing the relationship with Antonio M.
Appointed counsel has filed a statement under In re Sade C. (1996) 13 Cal.4th 952.
We have reviewed a letter dated October 31, 2007, addressed to this court by Antonio M. We find nothing in that letter that suggests that the trial court erred in terminating parental rights.
We are satisfied that appointed counsel has fully complied with his responsibilities and that no arguable issues exist.
DISPOSITION
The order terminating parental rights is affirmed.
We concur: COOPER, P. J. EGERTON, J.
Judge of the Los Angeles Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.