P.

P. v. Ferguson CA4/1

Good Law
Court of Appeal of CaliforniaJuly 31, 2013D063189California583 words

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…

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