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In re J.M.

California Court of Appeals, First District, Fourth Division
Sep 29, 2009
No. A124472 (Cal. Ct. App. Sep. 29, 2009)

Opinion


In re J. M., a Person Coming Under the Juvenile Court Law. ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. R. M., Defendant and Appellant. A124472 California Court of Appeal, First District, Fourth Division September 29, 2009

NOT TO BE PUBLISHED

Alameda County Super. Ct. No. C-189915.

RIVERA, J.

R. M., J. M.’s eight-year-old sibling, filed this appeal from an order denying his petition to change a court order seeking to establish a relationship with J. M., age five. The court denied R. M.’s petition, finding that there were no changed circumstances and that the requested order was not in the best interests of J. M. On July 13, 2009, R. M.’s appointed appellate counsel filed a no issues statement in accordance with In re Sade C. (1996) 13 Cal.4th 952, 994, and footnote 22 (Sade C.), stating that she had thoroughly reviewed the record and concluded that there were no arguable issues to raise on appeal. She also informed R. M.’s trial counsel that she would not be filing an opening brief. In her letter to this court, she notes that R. M.’s therapist opines that the requested order for contact with J. M. is not in R. M.’s best interests.

While this court has discretion under Sade C. to conduct an independent review of the record to determine whether there are any arguable issues for briefing, we decline to do so here. The juvenile court’s order is presumed correct. Where no claim of error or defect is raised, we need not proceed to the merits of the court’s order. (Sade C., supra, 13 Cal.4th at p. 994.) Accordingly, we treat the appeal as abandoned.

DISPOSITION

The appeal is dismissed.

We concur: REARDON, Acting P.J., SEPULVEDA, J.


Summaries of

In re J.M.

California Court of Appeals, First District, Fourth Division
Sep 29, 2009
No. A124472 (Cal. Ct. App. Sep. 29, 2009)
Case details for

In re J.M.

Case Details

Full title:In re J. M., a Person Coming Under the Juvenile Court Law. ALAMEDA COUNTY…

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

Date published: Sep 29, 2009

Citations

No. A124472 (Cal. Ct. App. Sep. 29, 2009)