In re Jordan H.

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

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

Date published: Oct 28, 2008

No. D053354 (Cal. Ct. App. Oct. 28, 2008)

Opinion

In re JORDAN H., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. RUSSELL H., Defendant and Appellant. D053354 California Court of Appeal, Fourth District, First Division October 28, 2008

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County No. NJ13174, Harry M. Elias, Judge.

BENKE, JUDGE

Russell H. appeals the findings and orders entered at a nonstatutory hearing at which the juvenile court found that Nathan P. was the only presumed father and struck Russell H.'s name from the dependency petition. 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 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 his requests to review the record for error and to address his Anders issue. (Anders v. California (1967) 386 U.S. 738.)

Russell H.'s counsel also requests leave for him to file a supplemental brief in propria persona. The request is denied.

DISPOSITION

The appeal is dismissed.

WE CONCUR: McCONNELL, P.J., IRION, J.