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In re Daniel L.

In re Daniel L.
02:21:2007

In re Daniel L


In re Daniel L.


Filed 1/17/07  In re Daniel L. CA4/1


NOT TO BE PUBLISHED IN OFFICIAL REPORTS


 


California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.


COURT OF APPEAL, FOURTH APPELLATE DISTRICT


DIVISION ONE


STATE OF CALIFORNIA










In re DANIEL L., A Person Coming Under the Juvenile Court Law.


SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY,


            Plaintiff and Respondent,


            v.


SHAWN D.,


            Defendant and Appellant.



  D049383


  (Super. Ct. No. EJ002546B)


            APPEAL from an order of the Superior Court of San Diego County, Gary M. Bubis, Juvenile Court Referee.  Dismissed.


            Shawn D. appeals an order denying his petition under Welfare and Institutions Code section 388 seeking to vacate the permanency planning hearing under Welfare and Institutions Code section 366.26 and to reinstate reunification services.  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.)


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


DISPOSITION


            The appeal is dismissed.


                                                           


NARES, Acting P.J.


WE CONCUR:


                                                           


                                       HALLER, J.


                                                           


                                         AARON, J.


Publication courtesy of California pro bono legal advice.


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Description Appellant appeals an order denying his petition under Welfare and Institutions Code section 388 seeking to vacate the permanency planning hearing under Welfare and Institutions Code section 366.26 and to reinstate reunification services. Citing In re Sade C. (1996) 13 Cal.4th 952, he asks this court to exercise its discretion to review the record for error.
Appellant's counsel also requests leave for him to file a supplemental brief in propria persona. The request is denied. The appeal is dismissed.
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