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In Re C.C. et al., Persons Coming Under the Juvenile Court v. M.C

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


October 23, 2012

IN RE C.C. ET AL., PERSONS COMING UNDER THE JUVENILE COURT LAW. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, PETITIONER AND RESPONDENT,
v.
M.C., DEFENDANT AND APPELLANT.

(Super. Ct. No. SJ12578A-B) APPEAL from an order of the Superior Court of San Diego County, Garry G. Haehnle, Judge.

The opinion of the court was delivered by: Huffman, Acting P.J.

In re C.C. CA4/1

NOT TO BE PBLISHED 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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Dismissed.

M.C. appeals findings and orders entered at a permanency plan and selection hearing held pursuant to Welfare and Institutions Code section 366.26. Citing In re Sade C. (1996) 13 Cal.4th 952 (Sade C.) and Penson v. Ohio (1988) 488 U.S. 75, 88 (Penson), she asks this court to exercise its discretion to review the record for error.

In 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 [or her] custody of a child or his [or her] status as the child's parent." (Sade C., supra, 13 Cal.4th at p. 959.) As appellant acknowledges, Penson does not apply in juvenile dependency cases. We therefore deny appellant's requests to review the record for error and to address the Anders issue. (Anders v. California (1967) 386 U.S. 738.)

DISPOSITION

The appeal is dismissed.

WE CONCUR: NARES, J. MCDONALD, J.

20121023

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