P.
P. v. Ferguson CA4/1
Opinion
Opinion
BACKGROUND
Ferguson unlawfully attempted to take, with force, property from the person of
another for the benefit of a criminal street gang. Ferguson had previously suffered a true
finding in juvenile court of a strike offense.
DISCUSSION
Appointed appellate counsel has filed a brief summarizing the facts and
proceedings below. Counsel presents no argument for reversal, but asks this court to
review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436
(Wende). Pursuant to Anders v. California (1967) 386 U.S. 738 (Anders) counsel
mentions as possible, but not arguable, issues: (1) whether the judgment should be
vacated because there was no determination that there was an adequate factual basis for
the plea, or because the record does not reflect a factual basis; (2) whether Ferguson
received ineffective assistance of counsel due to a failure to investigate the factual basis
or a failure to advise Ferguson before he entered his plea; (3) whether the plea was
coerced; (4) whether the failure to file a motion to withdraw the plea constituted
2 ineffective assistance of counsel; (5) whether the court abused its discretion by not
holding a Marsden…