People v. Fierro CA4/1

STATEMENT OF FACTS

Since this is an appeal from a judgment following a guilty plea, and there is no

certificate of probable cause (§ 1237.5), it is sufficient to note that Fierro confessed to the

killing of the victim in this case. He also told authorities where the murder weapon was

located.

The sentencing transcript shows the court awarded Fierro 67 days of credit. The abstract of judgment only reflects 64 days of custody credits. We will order the abstract of judgment be amended to reflect the proper number of days.

DISCUSSION

As we have noted counsel has indicated she is unable to identify any reasonably

arguable issues for reversal on appeal. Counsel has, however, identified possible, but not

arguable issues to assist the court in our review of the record. The possible issues are:

1. Whether the waiver of appellate rights as part of the plea bargain was valid?

2. Whether the court abused its discretion in denying a certificate of probable

cause?

3. Was the guilty plea constitutionally valid?

4. Was there an adequate factual basis for the guilty plea?

5. Were the custody credits properly calculated?

6. Did Fierro receive effective assistance of…