In re Benjamin G. CA4/1 filed 2/19/13 A

State: California

Court: California Eastern District Court

Docket No: D063066

Case Date: 02/19/2013

Preview:Filed 2/19/13 In re Benjamin G. CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

In re BENJAMIN G. et al., Persons Coming Under the Juvenile Court Law. D063066 SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, (Super. Ct. No. SJ12719A-B) Plaintiff and Respondent, v. JUAN G., Defendant and Appellant.

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.

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