San Diego Cnty. Health & Human Servs. Agencyv.Marvin B. (In re Payton B.)

COURT OF APPEAL, FOURTH APELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIAApr 4, 2012
D061166 (Cal. Ct. App. Apr. 4, 2012)

D061166

04-04-2012

In re PAYTON B., a rerson Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH HUMAN SERViCES AGENCY, Plaintiff's and Respondent, v. MARVIN B., Defendant Plaintiff's 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CJ1031A)

APPEAL from findings and orders of the Superior Court of San Diego County, Ana L. Espana, Judge. Dismissed

Marvin B. appeals findings and orders entered at a dispositional hearing held pursuant to Welfare and institutions Code section 361. 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 issues. (Anders v. California (1967) 386 U.S. 738.)

DISPOSITION

The appeal is dismissed. McINTYRE, Acting P. J.

WE CONCUR: AARON, J. IRION, J.