People v. Gaustad CA4/1

STATEMENT OF FACTS

On August 16, 2014, Gaustad was in the custody of a state prison in Imperial

County. He was subjected to a routine body search which produced a bindle in his sock.

2 The bindle was wrapped in cellophane and contained three individual packages of

marijuana weighing 1.3 grams.

DISCUSSION

Although appellate counsel has not identified any reasonably arguable issues for

reversal on appeal, counsel has identified several possible issues pursuant to Anders v.

California (1967) 386 U.S. 738 (Anders)) to assist this court in our review of the record.

Specifically, counsel has identified the following issues:

1. Whether the motion to withdraw the plea should have been granted because

trial counsel was ineffective in recommending the plea agreement;

2. Whether trial counsel was ineffective for failure to raise a claim of

discriminatory prosecution based on the plea agreement given to a different inmate in a

different case; and

3. Whether the plea should have been set aside because counsel failed to raise

issues regarding Gaustad's mental health in assessing the correct sentence.

We have reviewed the entire record as mandated by Wende, supra, 25 Cal.3d…