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In re Andrew F.

California Court of Appeals, Fourth District, First Division
Apr 28, 2010
No. D056453 (Cal. Ct. App. Apr. 28, 2010)

Opinion


In re ANDREW F., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. DANIEL F. et al., Defendants and Appellants. D056453 California Court of Appeal, Fourth District, First Division April 28, 2010

NOT TO BE PUBLISHED

APPEALS from a judgment of the Superior Court of San Diego County No. EJ3058, Gary M. Bubis, Judge.

AARON, J.

Daniel F. and Karen F. (together, parents) appeal the findings and orders entered at the termination of parental rights hearing held pursuant to Welfare and Institutions Code section 366.26, including the denial of Karen's section 388 petition. Citing In re Sade C. (1996) 13 Cal.4th 952, the parents ask 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 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 the parents' request to review the record for error and to address their Anders issue. (Anders v. California (1967) 386 U.S. 738.)

Citing In re Phoenix H. (2009) 47 Cal.4th 835, Karen's counsel also asks this court to exercise its discretion to provide Karen the opportunity to file a supplemental brief in propria persona. The request is denied. Further, if Daniel's counsel were to request leave for Daniel to file a supplemental brief in propria persona, the request would be denied.

DISPOSITION

The appeal is dismissed.

WE CONCUR: McDONALD, Acting P. J., O'ROURKE, J.


Summaries of

In re Andrew F.

California Court of Appeals, Fourth District, First Division
Apr 28, 2010
No. D056453 (Cal. Ct. App. Apr. 28, 2010)
Case details for

In re Andrew F.

Case Details

Full title:In re ANDREW F., a Person Coming Under the Juvenile Court Law. SAN DIEGO…

Court:California Court of Appeals, Fourth District, First Division

Date published: Apr 28, 2010

Citations

No. D056453 (Cal. Ct. App. Apr. 28, 2010)