Opinion
D060655 Super. Ct. No. J517922A
01-20-2012
In re GIOVANNI D., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. HARRY M., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 findings and orders of the Superior Court of San Diego County, Carol Isackson, Judge. Dismissed.
Harry M. appeals the summary denial of his petition for modification under Welfare and Institutions Code section 388. 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 issue. (Anders v. California (1967) 386 U.S. 738.)
Appellant's counsel asks this court to order counsel to brief any arguable issues. (Penson v. Ohio (1988) 488 U.S. 75, 88.) Counsel also asks this court to exercise its discretion to provide her client the opportunity to file a supplemental brief in propria persona. (In re Phoenix H. (2009) 47 Cal.4th 835.) The requests are denied.
DISPOSITION
The appeal is dismissed.
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O'ROURKE, J.
WE CONCUR:
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McCONNELL, P. J.
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HALLER, J.