People v. Fordley CA4/1

California Court of Appeal Jan 13, 2015 No. D065703Unpublished

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Holding. The court affirmed the judgment of conviction, finding no reasonably arguable factual or legal issues after an independent review of the record pursuant to People v. Wende. The court held that the defendant could not challenge the validity of his plea without a certificate of probable cause.

Issues

Whether the defendant's notice of appeal should be construed to allow challenges to his plea and judgment.
Whether the defendant's waiver of constitutional rights was voluntary and knowing.
Whether the trial court abused its discretion in ordering victim restitution.
Whether the defendant's plea, sentence, or restitution orders are invalid due to ineffective assistance of counsel.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“Fordley did not obtain a certificate of probable cause and thus may not contest the validity of his plea.”

“Fordley's claim that his attorney did things he did not want her to do challenges the effectiveness of his counsel in representing him and are more appropriately raised by petition for writ of habeas corpus.”

“Following our independent review of the record, we find that no reasonably arguable factual or legal issues exist.”

Filed 1/13/15 P. v. Fordley CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, D065703

Plaintiff and Respondent,

v. (Super. Ct. No. SCD251846)

JOHN FREDRICK FORDLEY,

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 by Plaintiff and Respondent.

In December 2013, John Fredrick Fordley pleaded guilty to assault, being a

felon in possession of a firearm, making a criminal threat, attempting to dissuade a

witness, unlawfully taking a vehicle, evading an officer and burglary. At the

sentencing hearing, based on Fordley's request, the parties stipulated to modification of

the plea agreement to strike a provision to not prosecute another individual. In

accepting this modification, the court explained to Fordley that the District Attorney

could file charges against that individual, but there was no promise that charges would

People v. Fordley CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065703

JOHN FREDRICK FORDLEY,

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DISCUSSION

DISPOSITION

MCINTYRE, J.

MCDONALD, J.

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