P. v. Ferguson CA4/1

California Court of Appeal Jul 31, 2013 No. D063189Unpublished

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Holding. The court affirmed the judgment, finding no reasonably arguable appellate issues after conducting an independent review of the record pursuant to People v. Wende and Anders v. California.

Issues

Whether there was an adequate factual basis for the plea.
Whether the defendant received ineffective assistance of counsel.
Whether the plea was coerced or the result of false statements.
Whether the court abused its discretion in sentencing or denying a motion to withdraw the plea.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“A review of the record pursuant to Wende and Anders, including the possible issues listed pursuant to Anders, has disclosed no reasonably arguable appellate issues.”

“The record does not show any coercion, nondisclosure, false statements or impropriety in the plea bargaining process, or any grounds for a motion to withdraw the guilty plea.”

Filed 7/31/13 P. v. Ferguson CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063189

Plaintiff and Respondent,

v. (Super. Ct. No. SCD236563)

TAMARI JAMIL FERGUSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Eugenia A.

Eyherabide, Judge. Affirmed.

Theresa Osterman Stevenson, under appointment by the Court of Appeal, for

Defendant and Appellant.

No appearance for Respondent.

Tamari Jamil Ferguson entered a negotiated guilty plea to attempted robbery (Pen.

Code, §§ 664, 211)1 and admitted a gang enhancement (§ 186.22, subd. (b)(1)) and a

1 All further statutory references are to the Penal Code.

strike (§ 667, subds. (b)-(i)). The court granted Ferguson two continuances so he could

retain counsel to file a motion to withdraw the guilty plea. At the sentencing hearing,

Ferguson's retained counsel stated he could not find "a good-faith legal basis for

withdrawing [the] plea." The court sentenced Ferguson to a stipulated seven-year eight-

P. v. Ferguson CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063189

TAMARI JAMIL FERGUSON,

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BACKGROUND

DISCUSSION

DISPOSITION

HALLER, J.

O'ROURKE, J.

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