When will a defendant appeal against his conviction for assault on the grounds that his prior conviction was involuntary and coerced?

California, United States of America


The following excerpt is from People v. Overstreet, E062863 (Cal. App. 2015):

After defendant appealed, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case, a summary of the facts and potential arguable issues, and requesting this court to conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, and he has done so. In his supplemental brief, defendant argues that (1) his plea was involuntary and coerced; (2) his trial counsel was ineffective in failing to defend and challenge his prior strike conviction; (3) the court abused its discretion in failing to strike his prior strike conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497

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