P. v. Ortega CA2/4
David Anthony Ortega appeals from the judgment entered following his guilty plea to one count of second–degree robbery (Pen. Code, § 212.5, subd. (c), and his admission of a gang allegation (§ 186.22, subd. (b)(1)(c)). Appellant’s appointed counsel filed a brief under People v. Wende (1979) 25 Cal.3d 436, 441 (Wende), raising no issues, and asked this court independently to review the record. Appellant filed a supplemental brief. He contends that: (1) the prosecution failed to disclose material information regarding anticipated trial testimony of a prosecutorial witness; (2) he received ineffective assistance of counsel; and (3) the trial court violated his constitutional rights under the sixth and fourteenth amendments by denying a continuance, leaving appellant with “no choice but to go to trial with [an ineffective] lawyer.”
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