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In re Jose A.

In re Jose A.
06:29:2006

In re Jose A.





Filed 6/27/06 In re Jose A. CA5




NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA


FIFTH APPELLATE DISTRICT












In re JOSE A. et al., Persons Coming Under the Juvenile Court Law.




KERN COUNTY DEPARTMENT OF HUMAN SERVICES,


Plaintiff and Respondent,


v.


OLEGARIO G.,


Defendant and Appellant.



F050126



(Super. Ct. No. JD107725-00, JD107726-00)



O P I N I O N



THE COURT*


APPEAL from a judgment of the Superior Court of Kern County. Charles Pfister, Judge.


Christopher Blake, under appointment by the Court of Appeal, for Defendant and Appellant.


No appearance by Plaintiff and Respondent.


-ooOoo-


Olegario G. appeals from juvenile court orders terminating parental rights (Welf. & Inst. Code, § 366.26) as to infant twins, Jose and Antonio A.[1] At the outset of the proceedings, the court determined appellant was the twins' alleged father; appellant never sought to elevate his legal position to one of presumed father. Accordingly, appellant was not legally entitled to reunification services when it became necessary to remove the twins from their mother's custody. (§ 361.5, subd. (a).)


Appellant's appointed appellate counsel submitted a letter dated May 30, 2006, advising that no brief would be forthcoming because he could find no arguable issues (In re Sade C. (1996) 13 Cal.4th 952). By order dated June 2, 2006, we extended time for appellant to personally file a letter brief.


Since then, appellant has twice written to this court. In his letters, he expresses his love for the twins and his current efforts to become a better parent. He does not allege, however, any error on the juvenile court's part in freeing the children for adoption. Rather, he essentially asks this court to afford him the chance to parent the twins.


The juvenile court's decision is presumed correct unless appellant can establish that the trial court committed prejudicial error. (In re Sade C., supra, 13 Cal.4th at p. 994.) Having reviewed his letters and the record herein, we conclude appellant raises no arguable issue regarding the court's decision.


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Description A decision regarding terminating parental rights.
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