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San Diego Cnty. Health & Human Servs. Agency v. Juan G. (In re Benjamin G.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 19, 2013
D063066 (Cal. Ct. App. Feb. 19, 2013)

Opinion

D063066

02-19-2013

In re BENJAMIN G. et al., Persons Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. JUAN G., 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Super. Ct. No. SJ12719A-B)

APPEAL from an order of the Superior Court of San Diego County, Cynthia Bashant, Judge. Dismissed.

Juan G. appeals findings and orders entered at a hearing held pursuant to 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 Juan's requests to review the record for error and to address the Anders issue. (Anders v. California (1967) 386 U.S. 738.)

Citing In re Phoenix H. (2009) 47 Cal.4th 835, Juan'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.

____________________________

AARON, J.
WE CONCUR: ____________________________

MCDONALD, Acting P.J.
____________________________

MCINTYRE, J.


Summaries of

San Diego Cnty. Health & Human Servs. Agency v. Juan G. (In re Benjamin G.)

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA
Feb 19, 2013
D063066 (Cal. Ct. App. Feb. 19, 2013)
Case details for

San Diego Cnty. Health & Human Servs. Agency v. Juan G. (In re Benjamin G.)

Case Details

Full title:In re BENJAMIN G. et al., Persons Coming Under the Juvenile Court Law. SAN…

Court:COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

Date published: Feb 19, 2013

Citations

D063066 (Cal. Ct. App. Feb. 19, 2013)