Opinion
D060200 Super. Ct. No. J516461C
11-18-2011
In re K.W., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Petitioner and Respondent, v. MICHAEL P., Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
APPEAL from orders of the Superior Court of San Diego County, Carol Isackson, Judge. Dismissed.
Michael P. appeals 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 (Sade C.) and Penson v. Ohio (1988) 488 U.S. 75, 88 (Penson), he asks this court to exercise its discretion to review the record for error.
In 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 custody of a child or his status as the child's parent." (Sade C., supra, 13 Cal.4th at p. 959.) As appellant acknowledges, Penson does not apply in juvenile dependency cases. We therefore deny appellant's requests to review the record for error and to address the Anders issues. (Anders v. California (1967) 386 U.S. 738.)
DISPOSITION
The appeal is dismissed.
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McINTYRE, J.
WE CONCUR:
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BENKE, Acting P. J.
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O'ROURKE, J.