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San Diego Cnty. Health & Human Servs. Agency v. Eric M. (In re Christopher M.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Mar 23, 2012
D061035 (Cal. Ct. App. Mar. 23, 2012)

Opinion

D061035 Super. Ct. No. J516962D

03-23-2012

In re CHRISTOPHER M., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. ERIC M. et al., Defendants and Appellants.


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

APPEALS from orders of the Superior Court of San Diego County, David B. Oberholtzer, Judge. Dismissed.

Eric M. and Tina W. appeal 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, they ask 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 [or her] custody of a child or his [or her] status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) We therefore deny Eric's and Tina's requests to review the record for error and to address the Anders issues. (Anders v. California (1967) 386 U.S. 738.)

Citing Penson v. Ohio (1988) 488 U.S. 75, 88, Eric's counsel and Tina's counsel ask this court to order counsel to brief any arguable issues. They also ask this court to exercise its discretion to provide their clients the opportunity to file a supplemental brief in propria persona. (In re Phoenix H. (2009) 47 Cal.4th 835.) The requests are denied.

DISPOSITION

The appeals are dismissed.

HALLER, J. WE CONCUR: McCONNELL, P. J. McDONALD, J.


Summaries of

San Diego Cnty. Health & Human Servs. Agency v. Eric M. (In re Christopher M.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Mar 23, 2012
D061035 (Cal. Ct. App. Mar. 23, 2012)
Case details for

San Diego Cnty. Health & Human Servs. Agency v. Eric M. (In re Christopher M.)

Case Details

Full title:In re CHRISTOPHER M., a Person Coming Under the Juvenile Court Law. SAN…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Mar 23, 2012

Citations

D061035 (Cal. Ct. App. Mar. 23, 2012)