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In re Diego H.

California Court of Appeals, Fourth District, First Division
Feb 24, 2011
No. D058362 (Cal. Ct. App. Feb. 24, 2011)

Opinion


In re DIEGO H., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. JESSE H., Defendant and Appellant. D058362 California Court of Appeal, Fourth District, First Division February 24, 2011

NOT TO BE PUBLISHED

APPEAL from an order of the Superior Court of San Diego County, No. SJ12387A, Carol Isackson, Judge.

McINTYRE, J.

Jesse H. appeals orders entered at a disposition hearing pursuant to Welfare and Institutions Code section 361.2. Citing In re Sade C. (1996) 13 Cal.4th 952, he asks 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 custody of a child or his status as the child's parent." (In re Sade C., supra, 13 Cal.4th at p. 959.) 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.)

Citing In re Phoenix H. (2009) 47 Cal.4th 835, Jesse's counsel asks this court to exercise its discretion to provide her client the opportunity to file a supplemental brief in propria persona. Counsel also asks this court to order counsel to brief any arguable issue. (Penson v. Ohio (1988) 488 U.S. 75, 88.) The requests are denied.

DISPOSITION

The appeal is dismissed.

WE CONCUR: BENKE, Acting P. J., AARON, J.


Summaries of

In re Diego H.

California Court of Appeals, Fourth District, First Division
Feb 24, 2011
No. D058362 (Cal. Ct. App. Feb. 24, 2011)
Case details for

In re Diego H.

Case Details

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

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

Date published: Feb 24, 2011

Citations

No. D058362 (Cal. Ct. App. Feb. 24, 2011)